Court Admin/AOC /
Rule Impacts Report
2010 Table of Contents / Special Actions
Rules of Procedure for Special Actions
This special action rule conforms to an appellate rule change that became effective in 2009. Specifically, a handwritten petition and response may not exceed 36 pages, a handwritten reply may not exceed 18 pages, and a certificate of compliance must indicate the number of handwritten pages in the document.
Impact: Clerks should confirm that handwritten pleadings in special actions contain the required certificate of compliance.
Court of Appeals
Rule 8(b) provides that the grant or denial of a special action by the Court of Appeals is reviewable by the Supreme Court through a petition for review that is filed in the Court of Appeals pursuant to the Rules 22 and 23 of the Rules of Civil Appellate Procedure. The prior version of Rule 8(b) contained a provision that when “exceptional circumstances” existed that made this procedure inadequate, a party could file a new petition for special action in the Supreme Court. This rule amendment removes the “exceptional circumstances” provision, thereby precluding the filing of a new special action as a means of obtaining Supreme Court review.
Impact: The amended rule adds new language that on a petition to the Supreme Court for review of a special action, a party may request the Supreme Court to issue a stay, or to expedite processing of the petition for review.
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