Special Action Overview
 

 

In general, the Court of Appeals reviews a ruling or decision only when:

(1) the case is final, and

(2) the Court has specific authority to consider the challenged decision or ruling.

 

A special action is a proceeding in which the Court reviews a decision outside of these circumstances.  For example, before the case is final or when there is no statutory authority enabling review.  It is brought to seek relief against a body, officer, or person and must be based on one of the following reasons: (1) the decision-maker failed to perform a duty, (2) the decision-maker acted (or is threatening to act) without legal authority, or (3) the decision-maker made a determination that was arbitrary and capricious or an abuse of discretion.  Except as authorized by statute, relief by special action is unavailable when there is an equally plain, speedy, and adequate remedy by direct appeal.  Requirements for special action proceedings can be found in the Arizona Rules of Procedure for Special Actions and the Court’s Administrative Order 2023-06.

 

A special action begins when a party (called a “petitioner”) files a Petition for Special Action in the Court of Appeals.  With limited exceptions, all attorneys are required to use AZTurboCourt to electronically file the petition and related materials.  Self-represented parties may file the petition in paper or via AZTurboCourt.  When a Petition for Special Action is filed in paper, the petitioner must file the original petition and supporting materials plus 6 copies.

 

The petitioner must include copies of all documents filed in the superior court that are necessary to resolve the special action.  This collection of documents is called an appendix.  A party who files a response to the petition may choose to file an appendix with any document(s) not included in the petitioner’s appendix that the respondent believes are necessary to resolve the special action.  More information about the required appendix can be found below.

 

Pursuant to Administrative Order 2023-06, an attorney filing a Special Action Petition must serve the petition on all other parties by email or via the e-filing system on the same day it is filed.  A self-represented party must serve the petition promptly through email, the e-filing system, or mail.  The attorney or party filing the petition must submit with it a list of attorneys for all other parties to the proceeding, and all self-represented litigants and their contact information, including email addresses.  An example contact information sheet is provided here.  Filers are not required to use this exact contact sheet, but all information on this sheet must be provided in some form. The Court will then file and serve a notice to all parties using the information provided.

 

If a party is asking the Court to stay superior court proceedings while it considers the special action, the party must first ask the superior court for a stay.  Information about special action stay procedures can be found in the Court Policies for Special Actions.

 

The Court of Appeals’ jurisdiction over a special action is almost always discretionary.  In other words, the Court is not required to accept a party’s petition for special action and instead decides for itself whether it will consider the matter.  Any written responses to the petition must be filed and served within 7 business days after the petition is served.  Any reply in support of the petition must be filed no later than 1 p.m. on the 5th business day after the response is filed.  However, the assigned judges will review the petition shortly after it is filed.  If the Court decides not to accept jurisdiction at that time, it will dismiss the petition without waiting for a response.

 

If the assigned judges determine that oral argument might be helpful, the Court will issue an order identifying the date and time of the argument.  Otherwise, the panel will issue a decision after it has conferenced the case.

 

There is no time limit for the Court to issue a decision, which can be in the form of a memorandum decision, an opinion, or an order.

 

A petitioner may only seek review of a decision declining jurisdiction by filing a Petition for Review in the Arizona Supreme Court.  A party may move for reconsideration of a decision accepting jurisdiction and granting or denying relief, or may file a Petition for Review in the Arizona Supreme Court to challenge the decision.

 

Reviews of decisions by the Industrial Commission of Arizona are also considered special actions. More information about challenges to Industrial Commission decisions can be found here.

Appendices

A petition for special action must include an appendix containing all documents in the superior court record that are needed for the Court of Appeals to determine the issue(s) presented in the petition.  Arizona Rule of Procedure for Special Actions 7(e).  The appendix must comply with Arizona Rule of Civil Appellate Procedure 13.1(c)–(e), which explains the requirements for a table of contents, page-numbering, and differences between appendices filed electronically versus in paper.  If an appendix needs to include a record document that should not be publicly disclosed, the filer may seek to file the document in paper and under seal.

 

All references to the record in the petition, response, or reply should also cite the page number in the appendix where the reference can be found.  Filers are encouraged to file the petition and appendix as a combined document, and to provide electronic bookmarks in the petition to the corresponding record documents in the appendix.  Click here for a list of tips about how to e-file documents, including bookmarking and hyperlinking.

 

A response to a petition for special action should refer to the record and may cite the petitioner’s appendix for any record document contained in that appendix.  If the respondent believes that the petitioner’s appendix is missing any record documents needed to resolve the issue(s) raised in the petition, the respondent should file an appendix containing those documents. The respondent’s appendix must comply with the same requirements as the petitioner’s appendix.