Rule 15 - [Effective 1/1/2025] Filing Fees; Service of Documents; Clerk's Distribution of Documents; Request for Oral Argument(a) Payment of Filing Fee. Unless the filing party is exempt, a petition for special action and response must be accompanied by the statutorily required filing fee or an application for a fee waiver or deferral.(b) Special Provisions Regarding Filing Documents.(1)Filing Documents by Mail. If filing is accomplished by U.S. mail or an express mail service addressed to the clerk, the filing is not timely unless it is received by the clerk within the permitted time.(2)Filing by an Incarcerated Party. An incarcerated party must include in the certificate of service the date the party delivered the document to jail or prison authorities for mailing.(c) Service of All Documents Required; Manner of Service. Every party and amicus curiae filing a document in an appellate special action must serve a copy of the document on all other parties, any amicus curiae, and the judge whose decision is being challenged. 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 ARCAP 4(g).(d) Distribution. The reviewing court's clerk must distribute all orders and decisions in an appellate special action to all parties and any amicus curiae in the case as well as to any judge identified in the petition whose decision is being challenged, as provided in ARCAP 4(i).(e) Oral Argument. A party may file a separate request for oral argument with the petition or response. The court may order oral argument, or it may issue a decision without oral argument. If the court grants a request for oral argument, or if it orders oral argument on its own, the clerk will notify the parties of the time and place for oral argument and the allocation of time for each side. Ariz. R. P. Spec. Act. 15
Added August 22, 2024, effective 1/1/2025.2025 Comment
Filing fees in the appellate courts are established by A.R.S. §§ 12-119.01 and 12-120.31. These fees may be deferred or waived where filers are eligible by reason of the receipt of certain benefits or insufficiency of income or other factors provided in the Arizona Code of Judicial Administration § 5-206. When considering whether to apply for a waiver of fees in special action filings, criminal defendants are encouraged to review both the Arizona Code of Judicial Administration § 5-206 and article 2, section 24 of the Arizona Constitution, which provides that "in no instance shall any accused person before final judgment be compelled to advance money or fees to secure the rights herein guaranteed."