Rule 12 - [Effective 1/1/2025] Factors for Accepting or Declining Jurisdiction of Appellate Special Actions(a) Discretion. Whether to accept jurisdiction of an appellate special action is within the court's discretion, unless a statute or an order requires the court to accept jurisdiction. In accepting or declining jurisdiction, the court is determining whether remedy by appeal is equally plain, speedy, and adequate.(b) Factors That Support Accepting Jurisdiction. In deciding whether to accept jurisdiction, the court should consider, among other factors, whether the petition asks the court to resolve questions: (1) designated for review under Rule 13;(2) of legal or evidentiary privileges or of immunity from suit;(4) of statewide importance;(5) tending to evade review, including questions that may become moot before an appeal;(6) involving the welfare of children where the harm complained of can only be prevented by resolution before an appeal;(7) the resolution of which will materially advance the efficient management of the case, other than issues presented by ordinary dispositive motion practice; or(8) concerning a decision that cannot be justified under any rule of law. These factors support but do not require accepting jurisdiction.
(c) Factors That Support Declining Jurisdiction. In deciding whether to accept jurisdiction, the court should also consider, among other factors, whether the petitioner unreasonably delayed in filing the petition, or whether the petition asks the court to resolve questions:(2) resolved under Rules 12(b)(6), 12(c), or 56 of the Rules of Civil Procedure, or Rules 29(a)(6) or 79 of the Rules of Family Law Procedure;(3) clearly resolved by settled law;(4) equally appropriate to address by appeal; or(5) the resolution of which will not materially advance the efficient management of the case. These factors support but do not require declining jurisdiction.
Ariz. R. P. Spec. Act. 12
Added August 22, 2024, effective 1/1/2025.2025 Comment
The special action rules codify how to exercise the rights described in Arizona's Constitution and elaborated in statute. Ariz. Const, art. 6, §§ 5, 18; A.R.S. §§ 12-2001 (certiorari) & 12-2021 (mandamus). These two cited statutes expressly describe the power of the court to issue writs as arising where there is no "plain, adequate and speedy remedy" at law. From their inception in 1970, the original Rules of Procedure for Special Action recited that special actions were available when there was no "plain, adequate and speedy remedy" without explaining what that meant, or when that circumstance was present. See Ariz. R.P. Spec. Act. 1(a) (West 2024). The 2025 Rules provide the criteria that developed over the past 55 years as appellate courts applied these rules to supply a clear statement of many of the factors courts use in exercising their discretion to determine whether there is no "plain, adequate and speedy remedy." The list of factors is not exhaustive.