Clerk of the Court

Stay Procedure

Procedure for Filing a Motion for Stay of Proceedings in a Petition for Review Matter on the Grant or Denial of Special Action Relief by the Court of Appeals, including a Refusal to Take Jurisdiction of the Case
This stay of proceedings is governed by Rules 8(b), (c) and (d) of the Supreme Court’s Rules of Procedure for Special Actions. The procedure utilized is as follows:
1. An original and seven (7) copies of the Request for Stay is filed in the Supreme Court Clerk’s Office, along with two (2) file stamped copy of the Petition for Review and any appendices filed in the Court of Appeals (see Rule 8(d), Rules of Procedure for Special Actions).
2. Once the Request for Stay is filed with the Supreme Court Clerk’s Office, it is given a supreme court case number. Copies of the Request for Stay, Petition for Review and any appendices filed are submitted to the duty justice for consideration.
3. The duty justice’s office may contact you and opposing counsel to arrange for a Stay Hearing. This Stay Hearing may be held in person or telephonically. Your telephone number and the telephone number of opposing counsel must be provided at the time of lodging the Request for Stay.
4. After the hearing, the duty justice will notify the clerk’s office as to whether the Request for Stay has been granted or denied. All relevant parties will be called by the clerk’s office and notified of the duty justice’s ruling. In addition, an order will be prepared in due course and copies will be mailed to all relevant parties and the clerk’s office of the court of appeals.
General Supreme Court Procedures for Filing a Separate Motion for Stay of Proceedings in a Special Action
If a petition for special action is presented and filed in the Arizona Supreme Court in accordance with Rule 7 of the Rules of Procedure for Special Actions and a separate motion for stay of proceedings is additionally filed, the stay request is governed by Rule 7(c). The general procedures utilized by the supreme court in regard to motions for stay of proceedings is as follows:
1. In accordance with Rule 8(d), Rules of Procedure for Special Actions, an original and seven (7) copies of the Request for Stay, Petition for Special Action and any appendices are filed in the supreme court clerk’s office. The matter is given a supreme court case number and copies of the Request for Stay, Petition for Special Action and any appendices are submitted to the duty justice for consideration.
2. The duty justice’s office may contact you and opposing counsel to arrange for a Stay Hearing. This Stay Hearing may be held in person or telephonically. Your telephone number and the telephone number of opposing counsel must be provided at the time of lodging the Request for Stay.
3. After the hearing, the duty justice will notify the clerk’s office as to whether the Request for Stay has been granted or denied. All relevant parties will be called by the clerk’s office and notified of the duty justice’s ruling. In addition, an order will be prepared in due course and copies will be mailed to all relevant parties.