Ariz. R. P. Spec. Act. 14

As amended through December 3, 2024
Rule 14 - [Effective 1/1/2025] Petition, Response, and Reply
(a) Generally. A petitioner initiates an appellate special action by filing a petition as prescribed by this rule, listing every other party in the case as respondents. Objections to the relief requested by the petition must be in the form of a written response. A petition for special action, a response to a petition, or a reply filed in an appellate special action, regardless of whether the special action arises from a civil or criminal proceeding, must comply with ARCAP 4(b) through (h), 4.1, and 4.2. Forms of caption for appellate special actions are included in the Appendix to these rules as Forms 2 and 3.
(b) Cover Sheet. A petition for special action must be accompanied by a special action cover sheet using a form designated by the court.
(c) Contents of a Petition. The petition must be a single document. It must include:
(1) a jurisdictional statement;
(2) a statement of the issues;
(3) a statement of facts, with appropriate references to the record;
(4) an argument containing the petitioner's contentions and reasoning with respect to the issues presented, with citations to statutes and other legal authorities; and
(5) the case name and number of any other appeal, special action, or petition for review known to the petitioner that is related to this special action through the same parties, events, issues, or transactions giving rise to this action.
(d) Response.
(1)Generally. A respondent may file a response only if the court orders one, but the court will not grant relief without ordering a response.
(2)Time to File a Response. The response must be filed within the time ordered by the court, which is presumptively 7 days after entry of the court's order.
(3)Content. A response should include a statement of any material facts that are not contained in the petition, and the respondent's contentions and reasoning with respect to the issues presented.
(e) Appendices.
(1)By Petitioner. A petitioner must file an appendix that includes a copy of the decision being challenged and copies of all documents from the trial court's record the reviewing court will need to decide the issues the petition raises. Any references to the record appearing in the petition must be supported by a document in the appendix, and the document's location in the appendix must be identified by page number.
(2)By Respondent. A respondent may file an appendix with the response. The appendix should not include any documents that are already included in the petitioner's appendix. The appendix should include only those additional documents that the court will need to decide the issues raised in the petition.
(3)Form. An appendix must comply with ARCAP 13.1(c)(2); any appendix filed electronically should, if feasible, comply with ARCAP 13.1(d); and any appendix filed in paper must comply with ARCAP 13.1(e). An appendix filed in paper that exceeds 15 pages must be fastened together and filed separately from the petition or response.
(f) Reply. A petitioner may file a reply only if the court orders one and only within the time specified by the court.
(g) Length of Petition, Response, and Reply. Unless the court orders otherwise:
(1) a petition or response must not exceed 10,500 words excluding its cover page, caption, date and signature blocks, table of contents and citations, and certificates of service and compliance; and
(2) a reply, if allowed, must not exceed 5,250 words excluding its cover page, caption, date and signature blocks, table of contents and citations, and certificates of service and compliance.
(h) Certificate of Compliance. Every petition, response, and reply must be accompanied by a certificate of compliance that complies with ARCAP 14(a)(5).
(i) Amicus Curiae. ARCAP 16 governs requests to participate as amicus curiae and the requirements for amicus curiae briefs. Amicus curiae briefs must be filed as expeditiously as possible after the petition for special action or other brief is filed, or as the court orders otherwise. An amicus curiae brief must not exceed 8,500 words excluding its cover page, caption, date and signature blocks, table of contents and citations, and certificates of service and compliance.

Ariz. R. P. Spec. Act. 14

Added August 22, 2024, effective 1/1/2025.