Ariz. R. Civ. App. P. 11

As amended through August 22, 2024

Rule 11 - The Record on Appeal

(a)Composition. The record on appeal consists of:

(1) The official record, which consists of documents (including minute entries, exhibit lists, transcripts, and other items) filed in the superior court before and including the effective date of the filing of a notice of appeal, a notice of cross-appeal, or an amended notice of appeal; the index prepared under Rule 11.1(a); exhibits; and

(2) Transcripts of oral proceedings in the superior court that the parties ordered, or other narratives prepared under this Rule, and that are not otherwise contained within the official record.

(b)Transcripts of Oral Proceedings. A transcript of an oral proceeding in the superior court must be prepared by a certified reporter or by an authorized transcriber. A party that wants the record on appeal to include a transcript of an oral proceeding that was not previously filed as a part of the official record must order the transcript as follows:

(1)Certified Transcript. If a certified court reporter attended a proceeding in the superior court, a party must order a certified transcript of proceedings directly from that reporter.

(2)Authorized Transcription. If the superior court created only an audio or audio-video recording of the proceeding, a party must order a certified transcript of the proceeding directly from an authorized transcriber. The superior court must furnish the authorized transcriber with a copy of the designated electronic recording upon receipt of a notice from the authorized transcriber that the authorized transcriber has reached a satisfactory arrangement for payment. All parties to the appeal must cooperate with the authorized transcriber by providing information that is necessary to facilitate transcription.

(c)Appellant's Duty to Order Transcripts and Other Parties' Transcript Designations.

(1)What to Order.

(A) The appellant must order transcripts of superior court proceedings not already in the official record that the appellant deems necessary for proper consideration of the issues on appeal.

(B) If the appellant will contend on appeal that a judgment, finding or conclusion, is unsupported by the evidence or is contrary to the evidence, the appellant must include in the record transcripts of all proceedings containing evidence relevant to that judgment, finding or conclusion.

(C) A complete transcript of superior court proceedings does not need to include juror qualifications, jury impaneling, opening statements, or argument of counsel to the jury, unless appellant will raise an issue concerning one of those proceedings.

(2)When to Order. The appellant must order transcripts directly from a certified reporter or an authorized transcriber within 10 days after filing the notice of appeal, or within 10 days after entry of an order disposing of the last timely remaining motion under Rule 9(e), whichever is later.

(3)Notice of Transcript Order and Statement of Issues on Appeal. Within 15 days after filing the notice of appeal, or within 15 days after entry of an order disposing of the last timely remaining motion under Rule 9(e), whichever is later, the appellant must file in the superior court and serve on the other parties the following:

(A) A notice of transcript order that either:

(i) states that the appellant has ordered a complete transcript of superior court proceedings;

(ii) identifies the particular proceedings for which the appellant has ordered transcripts; or

(iii) states that the appellant has not ordered any transcripts; and

(B) If the appellant orders less than a complete transcript of superior court proceedings, a statement of the issues that the appellant intends to raise on appeal.

(4)Designation of Additional Transcripts; Notice of Intention Not to Order; Response.

(A) Designation of Additional Transcripts. If another party considers a transcript of a proceeding necessary for proper consideration of the issues on appeal, and if the appellant has not ordered the transcript, the other party must file in the superior court, and serve on the appellant and all other parties, a designation of the additional transcript as part of the record on appeal. This designation must be filed and served within 10 days after service of the appellant's notice and statement under Rule 11(c)(3).

(B) Notice of Intention Not to Order. If the appellant does not intend to order a transcript designated by another party, the appellant must file in the superior court and serve on the other parties a notice stating that intention. This notice must be filed and served within 5 days after the service of a designation under Rule 11(c)(4)(A). If the appellant does not timely file and serve such a notice of intention, the appellant must order the transcript designated by the other party.

(C) Response to a Notice of Intention Not to Order. If the appellant timely files and serves a notice of intention not to order under Rule 11(c)(4)(B), the party that designated the transcript must respond within 5 days by:

(i) Filing and serving a notice withdrawing the designation;

(ii) Ordering the designated transcript, making arrangements for payment under Rule 11(c)(5), and filing and serving a notice identifying the transcript that was ordered; or

(iii) Filing a motion in the superior court for an order that would require the appellant to order, and to pay for, the designated transcript. The superior court may enter such an order upon a finding that it is in the interests of justice.

(5)Payment. When ordering transcripts, a party must make satisfactory arrangements with the certified reporter or authorized transcriber for timely paying the cost of the transcripts the party has ordered.

(6)Cross-Appellant. When used in this Rule 11(c), the term "appellant" includes a cross-appellant, and the term "notice of appeal" includes a notice of cross-appeal.

(d)Narrative Statement. If no transcript of oral proceedings is available, the appellant may prepare and file a narrative statement of the evidence or proceedings from the best available source, including the appellant's recollection. The appellant must file the narrative statement in the superior court within 30 days after filing the notice of appeal, and must serve it on the other parties. Any other party may file objections or proposed amendments to the narrative statement within 10 days after service. If the appellant does not file such a narrative statement within the specified time, any other party may prepare, file, and serve such a narrative statement, and the appellant may file objections or proposed amendments to that statement within 10 days after service. After considering a narrative statement and any objections or proposed amendments, the superior court judge must settle and approve the narrative statement and the superior court clerk must include it in the record transmitted to the appellate court under Rule 11.1.

(e)Agreed-Upon Statement. Instead of providing a transcript of oral proceedings to the appellate court, the parties may prepare an agreed-upon statement that contains the evidence or proceedings that are essential to a decision of the issues presented by the appeal, and submit the statement to the superior court for settlement and approval. The agreed-upon statement must include a statement of the issues the appellant and any cross-appellant intend to present on the appeal. The parties must file the agreed-upon statement in the superior court within 30 days after filing the notice of appeal. The superior court judge may make any additions and corrections he or she considers necessary to the issues presented by the appeal. The superior court clerk must then include the agreed-upon statement, as corrected and modified by the judge, in the record transmitted to the appellate court under Rule 11.1.

(f)Video or Audio Recording. On motion, the appellate court may allow a party to file a video or audio recording of superior court proceedings in lieu of a transcript. The party must file the motion within 30 days after the assignment of an appellate case number under Rule 12(a). If it grants the motion, the appellate court may specify the format of the recording. Any such recording may include multiple proceedings, but the recording must clearly identify the beginning and end of each proceeding. The entire recording may not exceed 30 minutes in length unless otherwise authorized by an appellate court. The filing party is responsible for ordering and paying for the recording and copies, and must serve all other parties with a copy of the recording.

(g)Correction or Modification of the Record.

(1) If anything material to either party is omitted from or misstated in the record by error or accident, the omission or misstatement may be corrected and a supplemental record may be certified and forwarded:

(A) On stipulation of the parties; or

(B) By the superior court before or after the record has been transmitted.

(2) If any difference arises about whether the record accurately discloses what occurred in the superior court, the difference must be submitted to and settled by the superior court and the record conformed accordingly.

(3) The parties must present all other questions as to the form and content of the record to the appellate court.

(4) The appellate court may order the parties or the superior court to correct an omission or misstatement in the record.

(h)Multipl e Appeals from the Same Judgment. If multiple parties take appeals from the same judgment, the parties must prepare (or request the preparation of) a single certified transcript, authorized transcription, narrative statement, agreed-upon statement, or audio or video recording containing all the matters designated or agreed on by the parties, without duplication.

Ariz. R. Civi. app. proc. 11

Amended April 2, 1986, effective 6/1/1986;4/19/1988, effective 5/1/1988;5/25/1994, effective 12/1/1994. Amended June 10, 1997, effective 1/1/1998;10/6/1998, effective 12/1/1998;9/18/2006, effective 1/1/2007;9/2/2014, effective 1/1/2015; amended Dec. 8, 2021, effective 1/1/2022.

APPLICATION

HISTORICAL NOTES

Source:

Fed.Rules Civ.Proc.Rules 73(g), 75(a), 75(b), 75(d) to 75(f), 75(g), 75(h), 75(j), 75(k), 75(n), 76, 28 U.S.C.A.

Code 1939, §§ 21-1822 to 21-1826, 21-1828 to 21-1830.

Rules Civ.Proc., former Rules 75(c), 75(h) to 75(k).

Code 1939, Supp.1952, §§ 21-1817, 21-1819 to 21-821.

Rules Civ.Proc., former Rules 73(s), 75(a), 75(b), 75(d) to 75(g), 76.

Application [of amendment by June 10, 1997 order]

Applicable to all appeals in which the Notice of Appeal is filed on or after January 1, 1998.