Ariz. R. P. Spec. Act. 7

As amended through August 22, 2024

Rule 7 - [Effective 1/1/2025] Procedures for Original Special Actions

(a) Pleadings.

(1)Complaint. A plaintiff initiates an original special action by filing a complaint that must be entitled "complaint for special action." The caption and format of the complaint should comply with Rules 5.2, 10(a), and 10(b) of the Rules of Civil Procedure. When filing a complaint in the Superior Court, the plaintiff must also submit to the clerk a cover sheet using a form designated by the court. A form of caption for an original special action is included in the Appendix to these rules as Form 1.

(2)Answer or Response. Unless the court orders otherwise, a defendant must file an answer or other appropriate response as provided in Rule 12 of the Rules of Civil Procedure. Any answer or response must be filed and served in the time allowed under Rule 12(a) of the Rules of Civil Procedure. The form of an answer should comply with Rules 8(c) and (d) of the Rules of Civil Procedure.

(b) Evidence Supporting Pleadings. A special action complaint, or an answer or response to a complaint, may be supported by verifications, affidavits, declarations, or other evidence. The court may order any party or person to file with the court any records, or a part of those records, in the party's or person's possession.

(c) Order to Show Cause. The plaintiff in an original special action may file an application for an order to show cause why the requested relief should not be granted. If the court issues an order to show cause, the court must set an expedited response date and may set a hearing on the application, as provided in Rule 7.3 of the Rules of Civil Procedure.

(d) Summons and Service.

(1)In the Superior Court. On or after filing a special action complaint in the Superior Court, the plaintiff must present a summons to the clerk for issuance. The summons and special action complaint, and any order to show cause, must be served as provided in Rules 4, 4.1, or 4.2 of the Rules of Civil Procedure, unless the court otherwise specifies the manner and time for service.

(2)In an Appellate Court. In an appellate court, the plaintiff does not serve a summons. Instead, upon the filing of a special action complaint, the appellate court will issue a scheduling order that contains the information in Rule 4(b)(1) of the Rules of Civil Procedure and directs the plaintiff to serve the special action complaint and scheduling order as provided in Rules 4,4.1, and 4.2 of the Rules of Civil Procedure.

(e) Service After the Complaint. Every party and amicus curiae filing a document in an original special action must serve a copy of the document on all other parties to the action, including any amicus curiae. Parties and amici curiae must serve all documents they file by the means set forth in Rule 5(c)(2) of the Rules of Civil Procedure and provide a certificate of service under Rule 5(c)(3) of the Rules of Civil Procedure.

(f) Scheduling and Management. The court must hold a speedy return hearing no later than 30 days after any defendant files an answer or other appropriate response to the complaint. At the hearing, the court must determine the course of further proceedings, including what briefing, discovery, evidentiary proceedings, or hearings are needed, and schedule them.

(g) Discovery. Discovery is not routinely permitted in special actions. If a special action raises a material issue of fact, the court may issue special orders concerning discovery.

(h) Trial. If the court orders a trial, it may use an advisory jury to assist in resolving factual issues.

(i) Costs and Attorney Fees. A party may claim costs and attorney fees in a special action as in any other civil action as provided in Rules 54(f) and (g) of the Rules of Civil Procedure.

(j) Suspension or Acceleration. For good cause, a court may suspend or accelerate any procedure for an original special action.

Ariz. R. P. Spec. Act. 7

Amended September 2, 2010, effective 1/1/2011; amended Sept. 2, 2014, effective 1/1/2015; amended August 27, 2015, effective 1/1/2016; amended August 22, 2024, effective 1/1/2025.

2025 Comment

Rule 7(g)

Rule 7(g) gives the court in original special actions the latitude to allow discovery in those rare instances when it is necessary. See, e.g., Lewis v. Arizona Dep't of Econ. Sec., 186 Ariz. 610, 616 (App. 1996). For example, if the pleadings contain allegations of extra-record information review by an administrative body or its members, discovery may be required to determine the true nature and extent of the actual administrative record. See Austin Shea (Arizona) 7th St. & Van Buren, L.L.C, v. City of Phoenix, 213 Ariz. 385, 392 (App. 2006) ("When a superior court is asked to review a decision made by a board of adjustment, the superior court is presented with and reviews the record before the board when the board made the decision.").

As another example, limited discovery and disclosure in the form of expert witness depositions and the submission of written declarations regarding expert opinions was warranted in a special action that raised a disputed issue of fact about the impact of the public disclosure of test questions on the results of a standardized state exam. See Phoenix Newspapers, Inc. v. Keegan, 201 Ariz. 344, 347, 350 (App. 2001).

In special actions, "the speedy determination of the issue is of prime consideration." See Riggins v. Graham, 20 Ariz. App. 196, 198 (1973). Unless an appropriate showing is made on which the court in an original special action can ground its exercise of discretion to issue special orders concerning discovery, the parties are generally not entitled to discovery. See King v. Neely, 143 Ariz. 329, 331 (App. 1984) (affirming trial court's denial of deposition of county attorney when there was no showing of illegality or actions in excess of power).

Rule 7(h)

Rule 7(h) is grounded in A.R.S. § 12-2025, permitting jury use in matters of mandamus. The jury's function is advisory only. See Brown v. Greer, 16 Ariz. 215, 218 (1914).