Rule Impacts Report

Special Actions

 Rules of Procedure for Special Actions
 Rule  Will Affect   Summary and Impact 

Rule 7(e)

R-10-0006

AOC contact:

Mark Meltzer

All courts

Judges

Clerks

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.

Rule 8(b)

R-10-0007

AOC contact:

Mark Meltzer

Supreme Court

Clerks

Court of Appeals

Judges

Clerks

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.