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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 or a Petition for Special Action in the Supreme Court

This stay of proceedings is governed by Rule 8(d) of the Supreme Court’s Rules of Procedure for Special Actions. The procedure utilized is as follows:

  1. An original and two (2) copies of the Request for Stay is filed in the Supreme Court Clerk’s Office. If filed through AzTurboCourt, no copies are required.
  2. The Request for Stay, Petition for Review or Petition for Special Action 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. An order will be prepared in due course and copies will be emailed/mailed to all relevant parties and the clerk’s office of the court of appeals.