Ariz. R. P. Spec. Act. 3
If any statute, other than those listed in Rule 2(c), authorizes filing a special action, or an action for a writ of certiorari, mandamus, or prohibition, that action is a special action. These special actions, known as statutory special actions, may be either original or appellate special actions. They are governed by these rules unless the statute authorizing a particular special action contains specific procedures supplementing or contradicting these rules.
Ariz. R. P. Spec. Act. 3
2025 Comment
Most original special actions are statutory special actions filed in the Superior Court that challenge a decision of a public body, officer, or person.
Statutory special actions are sometimes referred to in their enabling legislation by the terms certiorari or mandamus. Examples of statutory special actions (and their subjects) include, but are not limited to:
Referred to as certiorari: A.R.S. § 9-957(C) (firemen's pensions); § 11-402 (county officers); § 23-237(C) (youth employment); § 23-423(1) (OSHA review board); § 23-951 (workers' compensation - writ of certiorari); § 28-7046(B) (state highways - opening, altering, vacating); and § 28-8475(B) (airport zoning).
Referred to as mandamus: A.R.S. §§ l-501(G), l-502(G) (eligibility for public benefits); § 3-1010(B) (coliseum and exposition center bonds - provision of bond resolution); § 3-3115(D) (agricultural safety - imminent dangers); § 9-531(B) (municipal bonds for financing utilities - provision of resolution for bond issue); § 11-815(H) (county zoning - enforcement); § 11-1006(E) (animal control); § 15-1687 (universities and related institutions - issuance of bonds - contract enforcement); §§ 19-121.03(A), 19-121.02 (review of county recorder actions); §§ 19-122(A), 19-121.01 (refusal of Secretary of State to file petitions); §§ 19-208.04(A), 19-208.02 (refusal of county recorder); §§ 19-208.06(A), 19-208.01 (refusal of filing officer; circulator affidavits); § 23-419(D) (OSHA - imminent dangers); § 23-948 (workers' compensation - jurisdiction for mandamus); § 30-227(B) (Arizona power authority - revenue bonds - additional provisions of bonds); §§ 35-319(B), 12-2021 (handling of public funds - state trust land fund monies); § 35-408 (public finance); § 35-724 (industrial development financing -security for bonds); § 36-1416(1) (municipal housing); § 36-1485(1) (redevelopment areas; clearance); § 36-2818(A) (Arizona Medical Marijuana Act - enforcement and mandamus); § 38-431.04 (public officers); §§ 40-360.25(A). (B), 40-360.32(A) (underground facilities - injunction; mandamus); § 40-422(A) (public utilities); § 40-1133(B) (financing for metropolitan public transit authority); § 42-11052(C) (powers and duties of Department of Revenue - investigating and prosecuting violations); § 45-1714(B) (state water and power plan - remedies); § 46-140.01(C) (applications for public benefits); § 48-149(B) (issuance of revenue bonds by irrigation and agricultural improvement districts - covenants in resolution); § 48-1603 (power districts - failure or neglect of officer to impress lien or collect taxes); § 48-2912 (irrigation districts -remedy; board of supervisors); and § 48-3131 (irrigation and water conservation districts - failure of officials to create lien or collect taxes).
Referred to as special action: A.R.S. § 3-2098(A) (sale of meat - suspension of license); § 9-462.06(K) (board of adjustment; municipal zoning); § 13-753(1) (mental examination - capital defendant); § 13-4437(A) (victims' rights); § 15-141(B) (educational records); § 20-481.30(C) (insurance company holding systems); §§ 23-483(A), 23-481 (safety conditions for boilers, pressure vessels, hot water heaters); §§ 23-491.14(A), 23-491.12 (elevator safety); § 33-420(B) (quiet title); §§ 36-2865(A), (B), 36-2854 (responsible adult use of marijuana - enforcement); §§ 37-301(C), 37-133 (state land auctions); § 39-121.02 (denial of access to public records); §§ 41-194.01 (B)(2), 42-5029, 43-206 (attorney general and department of law - violations of state law); § 41-1279.07(G) (legislature - uniform expenditure reporting system); §§ 47-9527(B), 47-9509 (material misstatements in records (secured transactions)); §§ 48-706(A), 48-705 (community facilities districts); § 48-924(D) (county improvement districts - form and execution of contract); § 48-2047(F) (collector sewer construction); § 48-2837(D) (flood districts); § 48-3706(C) (multi-county water conservation districts); § 48-3734(A) (judicial validation of contracts - multi-coimty water conservation districts); §§ 48-6021(A), 48-6006(A)(9) (recreational corridor channelization districts - special assessments; assessment lien bonds); §§ 48-6806, 48-6805 (revitalization districts -judicial review); and §§ 48-6815, 48-6818, 48-576 (revitalization districts - special assessments).
The following statutory special actions are original special actions that must be filed in an appellate court: A.R.S. §§ 23-237(C), 23-951 (youth employment); § 23-423(1) (OSHA review board); §§ 23-483(A), 23-481 (safety conditions for boilers, pressure vessels, hot water heaters); §§ 23-491.14(A), 23-491.12 (elevator safety); §§ 35-319(B), 12-2021 (handling of public funds - state trust land fund monies); §§ 37-301(C), 37-133 (state land auctions); §§ 41-194.01(B)(2), 42-5029, 43-206 (attorney general and department of law - violations of state law); § 48-706(A) (municipal improvement districts); § 48-3706(0) (multi-county water conservation districts); § 48-3734(A) (judicial validation of contracts - multi-county water conservation districts); §§ 48-6021(A), 48-6006(A)(9) (recreational corridor channelization districts - special assessments; assessment lien bonds); §§ 48-6806(A), 48-6805 (revitalization districts -judicial review); and §§ 48-6815(A), 48-6818, 48-576 (revitalization districts - special assessments).
The following statutory special actions are appellate special actions that must be filed in the Court of Appeals: A.R.S. §§ 13-753(1) (mental examination - capital defendant) and 36-546.01 (review of court-ordered mental health treatment).
The following statutory special action is an appellate special action that is generally filed in the Court of Appeals or the Supreme Court, but which should be filed in the Superior Court when challenging the decision of a limited jurisdiction court: A.R.S. § 13-4437(A) (victims' rights).
The Arizona Supreme Court adopts policies and procedures to guide Arizona courts within the Code of Judicial Administration. In those rules, the Supreme Court has authorized parties to bring special actions that function like statutory special actions, though they were not enacted by the legislature. These include Code of Judicial Administration § 7-201(H) (review of board's final decision on complaints); and § 7-204(H) (private process servers).