Rule 8 - Appellate Me moranda, Motions for More Time, Procedural Motionsa. Appellate Memoranda.(1) A defendant who is not represented by counsel shall file an original and one copy of any memoranda required under this subsection (a). The trial court shall send the copy of the memoranda to the opposing side. In all other case, only original memoranda shall be filed with the court, and copies shall be served pursuant to Rule 35.5, Arizona Rules of Criminal Procedure.(2) 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 appellee's memorandum shall be filed within 30 calendar days of the filing date of the appellant's memorandum. No reply memorandum shall be filed unless authorized by the Superior Court. If no appellee's memorandum is filed, the matter shall be deemed submitted on the record and the appellant's memorandum. Non-filing of an appellee's memorandum shall not constitute confession of error.(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 doubled 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 that 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 where there is no right to appeal, appeals from guilty pleas, appeals that are not timely filed, and motions to dismiss or motions to strike. 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) A defendant who is not represented by counsel shall file an original and two copies of any procedural motion or response thereto provided for in this subsection (c), which shall be date stamped upon receipt by the trial court. The trial court shall send one copy to the opposing side and retain the other copy for later transmittal to the Superior Court. In all other cases, only the original and one copy shall be filed with the court, and copies shall be served pursuant to Rule 35.5, Arizona Rules of Criminal Procedure.(3) The caption of such a motion shall bear the notation "Procedural Motion--Refer to Superior Court." The opposing side 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 memorandum shall be filed unless authorized by the Superior Court. No oral argument shall be allowed unless ordered by the Superior Court. The parties shall refer specifically to the record as needed and attach such documents as support the motion or response.(4) 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; (iii) and perfection of the appeal shall follow the procedures of subsection (c)(5) of this rule.(5) 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. Upon disposition of the 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 to proceed, any necessary appellate memoranda, and any subsequent papers, shall be filed in the Superior Court.Sup. Ct. R. App. proc. Crim. 8
Amended Nov. 19, 1979, effective 4/1/1980;1/24/2003, effective 6/1/2003.