Ariz. R. Civ. App. P. 5

As amended through December 6, 2023

Rule 5 - Computing and Modifying Deadlines

(a)Computing Time. Rules 6(a) and, except for electronically served documents, 6(c) of the Arizona Rules of Civil Procedure govern the computation of any time period set by these Rules, a court order, or an applicable statute.

(b)Modifying Deadlines. A party wishing to modify a deadline in the appellate court must obtain an appellate court order authorizing a modified deadline. An appellate court for good cause may shorten or extend the time for doing any act required by these Rules, a court order, or an applicable statute. But neither an appellate court nor a superior court may extend the time for filing a notice of appeal, except as provided by Rule 9(f).

Ariz. R. Civi. app. proc. 5

Amended Jan. 20, 2006, effective 6/1/2006;11/29/2006, effective 11/28/2006. Adopted on permanent basis9/5/2007. Amended on Sept. 1, 2011, effective 1/1/2012. Amended Sept. 2, 2014, effective 1/1/2015;9/2/2016, effective 1/1/2017.

COMMENT TO RULE 5

Consistent with Rule 6(e) of the Arizona Rules of Civil Procedure, 5 calendar days are not added to the prescribed time when the appellate clerk distributes a document prepared by the appellate court.

APPLICATION

<The Jan. 1, 2015 amendment is applicable to all appeals filed on or after Jan. 1, 2015, as well as all other appeals pending on that date, except when application would not be feasible or would work an injustice, so that the former rule will be applied.>

HISTORICAL NOTES

Source:

Civ.Code 1913, § 1267.

Rev.Code 1928, § 3680.

Code 1939, § 21-1831.

Rules Civ.Proc., former Rule 73(q).

Arizona Supreme Court Administrative Order No. 2016-19, provides:

"ARCAP 5(a), by incorporating Rule 6(e) of the Arizona Rules of Civil Procedure, permits parties to add five calendar days in calculating the deadline for responding to an appellate filing that is served electronically. This Court, however, recently learned that Division Two has 'suspended' Rule 6(e) and does not allow parties to add these days in calculating the deadline for responding to an appellate brief served electronically through Division Two's electronic 'e-filer' system.

"Rule 6(e), which ARCAP 5(a) incorporates, was originally part of a former Supreme Court Rule that was adopted in 2000. Some of the concerns prompting the rule's adoption--including fears of transmission errors and delays--may no longer be justified in light of technological advances, which has led some to question whether the rule is still needed. For example, the United States Supreme Court is currently considering federal rule amendments that would eliminate provisions in all the federal rules--including the federal appellate rules--allowing the addition of three calendar days to respond to electronically served briefs, motions and other filings.

"A petition to amend ARCAP 5(a) was filed recently that proposes to eliminate the addition of five calendar days when calculating the deadline for responding to an appellate filing that is served electronically. Division Two desires to continue following its current policy, which conforms to the proposed amendment, while this Court considers that rule petition. Therefore,

"IT IS ORDERED that ARCAP 5(a) is modified to provide that the rule's reference to Rule 6(e) of the Arizona Rules of Civil Procedure does not apply to documents served electronically through Division Two's 'e-filer' system. This modification will remain in place pending further order of this Court."