Rule 8 - Appellate Memoranda; Motions for More Time; Procedural Motions(a) Appellate Memoranda.(1) In cases where the appellant is not represented by counsel, an original and one copy (for each other party) of the appellant's memorandum shall be filed with the trial court within 60 calendar days from the deadline to file the notice of appeal. The trial court shall send the copy of appellant's memorandum to the opposing side(s). In cases where the appellee is not represented by counsel, an original and one copy of the appellee's memorandum shall be filed within 30 calendar days of the filing date of the appellant's memorandum. The trial court shall send the copy of the appellee's memorandum to the appellant. A cross-appellant's memorandum and one copy shall be filed concurrently with appellee's memorandum. Cross-appellee's memorandum and one copy (for each other party) shall be filed within 30 days of the filing date of the cross-appellant's memorandum. The trial court shall send copies of the cross-appeal memoranda to the opposing parties in the manner of the appeal memoranda. No reply memorandum shall be filed unless authorized by the Superior Court. If no appellee or cross-appellee memorandum is filed, the matter shall be deemed submitted on the record and the appellant's or cross-appellant's memorandum. Non-filing of an appellee or cross-appellee memorandum shall not constitute confession of error.(2) In cases where a party is represented by counsel, only the original memorandum shall be filed with the trial court. Memoranda shall be filed within the time frames set forth in section (a)(1) of this rule. Copies of the memoranda shall be served on opposing parties or counsel consistent with Ariz. Rules of Civil Proc. 5, but the provisions of Ariz. Rules of Civil Proc. 6(e) that provide for the enlargement of time for mailing shall not apply.(3) Memoranda shall include a short statement of the facts with reference to the record, a concise argument setting forth the legal issues presented with citation of authority, and a conclusion stating the precise remedy sought on appeal.(4) Memoranda shall be typed or printed, single sided, on 8.5 by 11 inch white paper. Text shall be double spaced except for quotations. Exclusive of any appendices, memoranda shall not exceed 15 pages. Memoranda that are not legible may be stricken by the Superior Court. Other Superior Court local rules as to format, character size, and margins shall otherwise apply.(5) The Superior Court may modify or waive the requirements of this rule to insure a fair and just determination of the appeal.(b) Motions for More Time. For good cause, a party may file a motion for more time to file the memorandum. No response shall be filed unless authorized by the trial court. The motion for more time shall be presented to the trial court and shall be ruled upon by a different judge than the judge who presided over the matter on appeal.(c) Procedural Motions.(1) Procedural motions are motions that may determine whether the appeal should go forward. Procedural motions include motions to dismiss the appeal or cross-appeal where there is no right to appeal or the notice of appeal or cross-appeal was not timely filed, motions to strike a memorandum, or motions for trial de novo. Procedural motions may be made at any time after the filing of the notice of appeal. As set forth herein, procedural motions shall be presented to the trial court and ruled upon by the Superior Court.(2) The caption of a procedural motion shall bear the notation " Procedural Motion--Refer to Superior Court." The movant shall file an original and two copies, which shall be date stamped upon receipt by the trial court. The trial court shall send one copy to the opposing side(s) and retain the other copy for later transmittal to the Superior Court. The opposing side(s) shall have 14 calendar days from the filing date to respond. The caption of the response shall bear the notation "Procedural Motion Response--Refer to Superior Court." No reply shall be filed unless permitted by the trial court. Requests for oral argument shall be noted within the caption of the pleading, and may be granted by the Superior Court. The parties may refer to the record, but shall attach such documents as support the motion or response.(3) While a procedural motion is pending:(i) further preparation of any recording or transcript of the trial or hearings shall be suspended;(ii) the deadline to file appellate memoranda shall be suspended; and(iii) perfection of the appeal shall follow subsection (c)(4) of this rule.(4) Upon the filing of a procedural motion, and after the time to file any response has expired, the trial court shall send the motion and response to the Superior Court along with the notice of appeal and/or cross-appeal. The Superior Court shall notify the parties regarding payment of applicable appeal filing fees in the Superior Court in a manner as provided in Rule 10 of these rules. Upon non-payment of an appellant's or cross-appellant's appeal fee, the appeal or cross-appeal shall be deemed abandoned, and the Superior Court shall so notify the trial court. The appeal or cross-appeal that is abandoned shall be dismissed by the trial court pursuant to Rule 9(b) of these rules. Upon disposition of the procedural motion, the Superior Court shall enter appropriate orders and instruct the trial court and the parties as to the disposition of the motion, transmittal of the record on appeal, and when any appellate memoranda are due. If the Superior Court ruling allows the appeal or cross-appeal to proceed, any necessary appellate memoranda, and any subsequent papers, shall be filed in the Superior Court.Sup. Ct. R. App. proc. Civi. 8
Added April 30, 2003, effective 6/1/2003 on an emergency basis. Amended Oct. 16, 2003, effective 12/1/2003.HISTORICAL NOTES
Former Rule 8, Appeal; How Taken, was repealed by order dated April 30, 2003, effective June 1, 2003 on an emergency basis. For subject matter of former Rule 8, see Rule 3.