Ariz. R. Sup. Ct. 1

As amended through August 22, 2024

Rule 1 - Application for Issuance of Writ Under Original Jurisdiction

(a)Form; service; filing.

1. Applications for the issuance of writs in the exercise of original jurisdiction shall be typewritten or printed, and accompanied by a memorandum of points and authorities in support of the application. An application shall comply with Rule 4(b), ARCAP. A copy of the application shall be served on the adverse party, and an original and one copy shall be filed with the clerk of this court.

2. All post conviction applications for habeas corpus shall be signed and verified, and shall either contain the answers provided for in Post Conviction Form No. 1, or contain the following information:

a. Petitioner's full name and prison number (if any);

b. The name of the respondent;

c. The place of petitioner's detention;

d. The name and location of the court which imposed sentence;

e. The information or the indictment number(s) (if known) upon which, and the offense(s) for which sentence was imposed;

f. The date upon which sentence was imposed and the terms of the sentence;

g. Whether a finding of guilty was made after a plea of (1) guilty, or (2) not guilty;

h. In the case of a movant who was found to be guilty following a plea of not guilty, whether that finding was made (1) by a jury or (2) by a judge without a jury;

i. Whether or not movant appealed from the judgment of conviction or from the imposition of sentence, and if so, the name of each court to which he appealed, the results of such appeals, the date of such results, and (if known) citations of any written opinions or orders entered therein;

j. Whether movant was represented by an attorney at any time; during the course of his arraignment and plea, his trial (if any), his sentencing, his appeal (if any), or preparation, presentation or consideration of any petitions, motions or applications which he filed with respect to this conviction; if so, the name and address of such attorney(s) and the proceedings at which petitioner was so represented;

k. If movant did not appeal from the judgment of conviction or the imposition of sentence, the reasons why he did not do so;

l. In concise form, the grounds upon which movant bases his allegation that he is being held in custody unlawfully, the facts which support each of these grounds, and whether any such grounds have been previously presented to any court, state or federal, by way of any petition, motion or application; if so, which grounds have been previously presented and in what proceedings;

m. Whether movant has filed in any court, state or federal, previous petitions, applications, or motions with respect to this conviction; if so, the name and location of each such court, the specific nature of the proceedings therein, the disposition thereof, the date of each such disposition and (if known) citations of any written opinions or orders entered therein;

n. If a previous petition, application or motion was filed and denied, the reasons why petitioner's remedy by way of such petition, application or motion was inadequate or ineffective to test the legality of his detention.

Failure to fully comply with the foregoing shall be grounds for returning the application without action thereon.

(b)Statement of reasons for issuance by supreme court instead of by lower court; designation of real party in interest.

1. When an application is made to this court for a writ of mandamus, review, prohibition, habeas corpus, certiorari, or for any other prerogative writ, to be issued in the exercise of its original jurisdiction, and such application might have been lawfully made to a lower court in the first instance, the affidavit or petition, in addition to the matters required by law to support the application, shall also set forth the circumstances which in the opinion of the applicant render it proper that the writ should issue originally from this court and not from such lower court. If the court finds such circumstances insufficient, the court will on that ground refuse to order issuance of the writ.

2. If any court, judge or other officer, or any board or other tribunal in the discharge of duties of a public character, is named in the application as respondent, the affidavit or petition shall also disclose the name or names of the real party or parties in interest, if any, or parties whose interest would be directly affected by the proceedings.

(c) Notice and hearing required for issuance of alternative writ; exception; filing of objections. Alternative writs, except in habeas corpus, will not issue on ex parte applications. Written notice shall first be given to all parties in interest that on a certain day and hour fixed by the Chief Justice application will be made for such a writ. Objections to the issuance of the writ shall be in writing and filed at least one day before the day fixed for the hearing. At the appointed time the court will informally hear the parties in order to determine whether the alternative writ will issue. No order staying the proceedings of any court or officer will be made until the notice provided in this subdivision has been given.

(d)Return by respondent by motion or answer. Upon the return day of the alternative writ the respondent shall make return, either by motion or answer, or both, accompanied by a brief in support thereof. Copies of the return shall be served on the adverse party and an original and one copy filed with the clerk of this court. If the return is by motion only and the motion is denied, the writ will be ordered to issue without leave to answer over unless otherwise provided by law.

(e)Time for filing ordered response. When a response is ordered to an application for a Writ of Habeas Corpus or for any other form of relief, the response shall be filed within five (5) days.

Ariz. R. Sup. Ct. 1

Amended effective 4/5/1967;9/29/1970, effective 10/1/1970;5/5/1981, effective 7/1/1982;1/24/2001, effective 6/1/2001. Amended and effective 10/12/2005. Amended Sept. 2, 2010, effective 1/1/2011;9/2/2014, effective 1/1/2015; amended August 24, 2021, effective 1/1/2022.

HISTORICAL NOTE

Source:

Rules Sup.Ct., Rule II, Code 1939, Supp. 1952.

Rules Sup.Ct., Rule II, Code 1939, Supp. 1954.

CONSTITUTIONAL PROVISIONS

Article 6, § 5, with reference to writs, provides, in part:

"The Supreme Court shall have:

"1. Original jurisdiction of habeas corpus, and quo warranto, mandamus, injunction and other extraordinary writs to State officers."

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"4. Power to issue injunctions and writs of mandamus, review, prohibition, habeas corpus, certiorari, and all other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction."

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"Each justice of the Supreme Court may issue writs of habeas corpus to any part of the State upon petition by or on behalf of a person held in actual custody, and may make such writs returnable before himself, the Supreme Court, appellate court or superior court, or judge thereof."