Arizona Rules of Civil Appellate Procedure "ARCAP"

ARCAP Rule
9.1

R-12-0024

Superior

Judges
Clerks
Admin

Summary: This new rule provides a procedure for an appellate court to suspend an appeal and to revest jurisdiction in the trial court to decide matters over which the trial court would otherwise lack jurisdiction.  The Court of Appeals can do this on motion or stipulation, or on its own initiative.

Impact: The new rule allows the appellate court’s order suspending the appeal to include other terms and conditions, such as a date certain for automatic reinstatement of the appeal.

The amendments to ARCAP 9 modify the time for filing a notice of appeal (“NOA”).

• The time for filing a notice of appeal is calculated from the date of entry of an order granting or denying a  motion under Rules 50(b) [JMOL], 52(b) [findings of fact],  or 59(l) [alter or amend the judgment], or from the date of an order denying a motion under Rule 59(a) [motion for new trial]
• If the parties file more than one of these motions, the time is calculated from the date of entry of the order regarding the last remaining motion
• If a party files a NOA prior to the disposition of these motions, the appealing party has a duty to notify the Court of Appeals of the pendency and the disposition, and the COA suspends the appeal during that time
• If a party files a notice of appeal after the court announces a decision or order, but before actual entry of the decision or order, the rule deems the NOA filed as of the date that the court enters its decision or order

Impact: The amendments to ARCAP 9

• Will extend the time for filing a notice of appeal if a party files one or more of the specified post-judgment motion
• Will allow “suspension” of the appeal by the Court of Appeals pending the conclusion of a post-judgment motion proceeding in the Superior Court