Juvenile Appeals Policies

 

 

Extensions of Time

Any request for an extension of time to file a brief in a juvenile appeal must be made by filing a motion that sets forth good cause for the extension and complies with ARCAP 6(b)(1)(B) & (C).  Conclusory statements asserting “scheduling conflicts” or “other work” will not constitute good cause for an extension of time.  In determining whether to grant an extension, the court will consider, among other factors:

  • when counsel was appointed in the matter,
  • whether counsel’s inability to timely complete the brief is the result of circumstances that could not have been anticipated,
  • the complexity of the appeal, the length of the trial resulting in the verdict on appeal,
  • counsel’s diligence,
  • the size and workload of counsel’s law firm or agency,
  • the number of other appeals on counsel’s docket,
  • the briefing schedules of other appeals on counsel’s docket, and
  • counsel’s diligence in those other appeals.

 

The court will only grant an additional extension if the motion provides new and unforeseen circumstances that justify another extension. 

If a party has not obtained an order extending time prior to the deadline to file, the brief must be timely filed.  To ensure enough time for processing, the court encourages parties to file a motion for extension of time to file a brief at least 5 business days prior to the deadline.

If counsel does not timely file a brief, the court will order counsel to appear and show cause why the court should not impose sanctions.

If a party files a brief after the deadline, it must be accompanied by a motion to accept the brief that demonstrates good cause for the late filing.  If the court finds that a request to accept an untimely brief is not supported by good cause, it will order counsel to appear and show cause why the court should not impose sanctions. 

 

Juvenile Case Notices of Appeal and Rule 603(c)         

Notices of appeal filed by counsel on behalf of parties in juvenile cases must contain certain mandatory language prescribed by Rule 603(c), Arizona Rules of Procedure for the Juvenile Court:  “By signing and filing this notice of appeal, undersigned counsel avows that counsel communicated with the client after entry of the order being appealed, discussed the merits of the appeal, and obtained authorization from the client to file this notice of appeal or cross-appeal.”  When counsel in a juvenile matter files a notice of appeal that does not contain this required statement, Arizona Rules of Procedure for Juvenile Court 603(c)(1) and 603(c)(2) dictate which steps are to be undertaken by counsel to perfect the filing of the notice of appeal.