Glossary



Affidavit: This is a document signed by an individual who swears under oath that the facts or conduct described in the affidavit are true. Beneath the signature of the person signing the affidavit is a statement by a notary public indicating that the person who signed the affidavit presented proof of identity.
Answering Brief: This is the document filed by the party opposing the appeal, (the Appellee), in response to the Opening Brief filed by the party filing the appeal, (the Appellant). The Answering Brief should contain arguments in support of the trial court’s judgment and references to the transcripts or trial exhibits supporting those arguments. (See Form 16.)
Appeal:
An appeal begins when a timely Notice of Appeal is filed with the Clerk of the Superior Court that entered the final judgment. Appeals of most civil cases are made from the Superior Court to the Court of Appeals. The Arizona Supreme Court can be asked to review final decisions of the Court of Appeals. The Arizona Supreme Court has discretion to accept or reject review of final decisions of the Court of Appeals.
Appellant:
This is the party filing an appeal. The Appellant asks the Court of Appeals to review a final judgment by timely filing a Notice of Appeal with the Clerk of the Superior Court.
Appellee:
This is the party opposing an appeal.
Arizona Supreme Court:
This is the highest state appellate court in Arizona. The Court is located in Phoenix and has discretion to review decisions from either Division One or Two of the Arizona Court of Appeals.
Authorized Transcriber:
As defined by Rule 30, Rules of the Supreme Court, an authorized transcriber means, a) a certified reporter; b) an individual or a transcription service under contract with an Arizona court; or c) an individual employed by a court whose official duties include the preparation of transcripts.
Brief:
This is an argument in writing that explains why a judgment of the Superior Court should be reversed or affirmed by the Court of Appeals. The Appellant files an Opening Brief with the Clerk of the Court of Appeals. The Appellee then files an Answering Brief. If the Appellee has filed a Notice of Cross-Appeal, the Appellee may file a combined Answering Brief and Opening Brief on Cross-Appeal. Afterward, the Appellant may file a Reply Brief. If the Appellee has filed an Opening Brief on Cross- Appeal, the Appellant may file a combined Reply Brief and Answering Brief on Cross-Appeal. If so, the Appellee may file a Reply Brief on Cross-Appeal. (See Form 16.)
Caption: The caption is part of any document filed with the Court of Appeals or the Arizona Supreme Court that states: (1) the court in which the document is being filed; (2) the name of the Plaintiff and Defendant (or Petitioner and Respondent in a family law case) in the Superior Court case; (3) the Superior Court case number; and (4) the case number assigned by the Arizona Court of Appeals or the Arizona Supreme Court.
Certificate of Compliance: This is a page that must be attached to the end of the Opening Brief, Answering Brief, and any Cross-Appeal Brief or Reply Brief. (See Form 17.) The Certificate of Compliance tells the Court of Appeals that the brief does not exceed the word count or page limit set by the Arizona Rules of Civil Appellate Procedure. 
Civil Case: Civil cases are typically cases between people or corporations for money or injunctive or declaratory judgment relief. Tax and family law cases are also civil cases.
Case Management Statement:  This is a document that the Appellant or Cross-Appellant must file for cases in counties where appeals are heard by Division One. These counties are Maricopa, Yuma, La Paz, Mohave, Coconino, Yavapai, Navajo, and Apache. (See Form 8.) 
Clerk’s Office:  Each court in Arizona has an office for the “clerk” of that court. The clerk is a public official responsible for filing documents and keeping records of court proceedings. There is a clerk for each Superior Court in Arizona’s fifteen (15) counties. There is a clerk for Division One and a clerk for Division Two of the Court of Appeals. There is a clerk for the Arizona Supreme Court. 
Court Reporter:  This person records, by stenographic or electronic means, everything that is said during a court proceeding. The parties to an appeal need to arrange with the court reporter in their Superior Court case, or the Electronic Services Office in the Maricopa County Superior Court if the proceeding was recorded by audio or audio-video recording in a case in that court, to get all necessary transcripts to include in the Record on Appeal. The court reporter’s name and contact information is contained in the Superior Court case record. 
Cross-Appeal:  After a Notice of Appeal has been timely filed, the party opposing the appeal (the Appellee), may ask the Court of Appeals to review a particular issue arising from the same Superior Court final judgment by timely filing a Notice of Cross-Appeal with the Clerk of the Superior Court. A cross-appeal is usually filed when the Appellee contends that the Superior Court judgment failed to grant all of the relief requested, such as by denying a request for an award of attorneys’ fees. (See Form 4.) 
Division One of Arizona Court of Appeals:  Division One of the Arizona Court of Appeals is located at 1501 W. Washington, Phoenix, Arizona 85007. You may contact the Clerk of the Court at (602) 452-6700. Division One hears appeals from final decisions of the Superior Court in the counties of Maricopa, Yuma, La Paz, Mohave, Coconino, Yavapai, Navajo, and Apache. 
Division Two of Arizona Court of Appeals: Division Two of the Arizona Court of Appeals is located at 400 W. Congress, Tucson, Arizona 85701. You may contact the Clerk of the Court at (520) 628-6954. Division Two hears appeals from final decisions of the Superior Court in the counties of Pima, Pinal, Cochise, Santa Cruz, Greenlee, Graham, and Gila.
Electronic Signature:  An electronic signature is an electronic symbol, usually /s/, followed by a typed name. For example, “/s/ John Doe,” is an electronic signature. The /s/ symbol means that the individual whose typed name appears next to it or below it intended that the typed name be treated as an original signature. An electronic signature is attached to a document filed with the Clerk of the Court by a party or a judge of the Superior Court or the Court of Appeals. 
Entry of Judgment:  This is the date that the final judgment is filed with the Clerk of the Superior Court. When the final judgment is filed with the Clerk of the Superior Court, it is stamped with the entry date. The entry date may differ from the date that a judgment is signed by the Superior Court judge. A party has thirty (30) days from the entry of judgment to file a Notice of Appeal with the Clerk of the Superior Court. (See Form 3.) If the Notice of Appeal is not filed within this thirty (30) day period, the Court of Appeals will dismiss the appeal as untimely. 
Evidence:  Evidence consists of the testimony of witnesses, documents or items admitted by the court as exhibits, and facts agreed to by the parties. The Court of Appeals and the Arizona Supreme Court will only review evidence and arguments presented to the Superior Court. These courts will not accept or review new evidence. 
Filing:  To “file” a document is to give it to the clerk’s office at the court where the case is pending. The document will then become part of the case record. Documents can be filed with the clerk of the court in person, by mail, or electronically using an approved electronic filing system. The clerk’s office may reject for filing documents that do not comply with applicable rules. 
Filing Fee for the Appeal:  The filing fee is an amount of money that the law requires the Appellant to pay to pursue an appeal or the Appellee to pay to defend against it. The Court of Appeals will issue a written Notice that explains to the parties the amount of money that must be paid as the filing fee. This filing fee must be paid within the time set forth in the Notice, unless a deferral or waiver of this fee is obtained from the Court of Appeals. (See Form 15.) 
Clerk’s Index:  This document is provided by the Clerk of the Superior Court to the parties approximately forty (40) days after an appeal is timely and properly initiated by the Appellant. This index chronologically lists all of the documents filed in the Superior Court. When referring to these documents in briefs submitted to the Court of Appeals, the parties should identify those documents by their index number. 
Judgment:  A judgment is a document issued by the Superior Court indicating that it is the Superior Court’s final determination of the rights and obligations of the parties in the case. This can be in the form of a document entitled “Judgment,” “Minute Entry,” “Ruling,” or “Decree.” The judge must electronically or manually sign the judgment in order for it to be considered final. A final Superior Court judgment is required before a Notice of Appeal can be filed. 
Money Judgment:  A money judgment is a judgment signed by a judge of the Superior Court requiring one party to pay a specific amount of money to another party. 
Motion:  A motion is a document filed with the Superior Court, the Court of Appeals, or the Arizona Supreme Court requesting that certain relief be granted. For example, a motion is filed in the Court of Appeals requesting an extension of time to file the Opening Brief. (See Form 18 or 27.) 
Notice of Appeal:  This is a document that must be filed in the Superior Court within thirty (30) days after the date of entry of judgment by the Clerk of the Superior Court in order to appeal the judgment to the Court of Appeals. If the Notice of Appeal is not timely filed, the Court of Appeals must dismiss the appeal. (See Form 3.) 
Notice of Cross-Appeal: The Notice of Cross-Appeal is a document that must be filed with the Clerk of the Superior Court within twenty (20) days after the Notice of Appeal is filed if the party opposing the appeal (the Appellee) wants the Court of Appeals to review a particular issue arising from the same Superior Court judgment. (See Form 4.) 
Opening Brief:  The Opening Brief is a document filed by the party pursuing the appeal (the Appellant). The Opening Brief should contain a procedural history of the case (Statement of the Case), a Statement of Material Facts, Issues Presented for Review, Arguments supporting reversal of the Superior Court’s judgment, a Conclusion, and proof that the Opening Brief was timely filed in the Court of Appeals and copies were hand-delivered or mailed to the party opposing the appeal (Certificate of Compliance). (See Form 16.)
Oral Argument:  Oral argument is an opportunity for the Appellee and Appellant to appear in person at a time set by the Court of Appeals to discuss the issues and arguments presented in the briefs with the judges of the Court of Appeals. These judges will decide whether to affirm or reverse the Superior Court’s judgment. (See Form 21.) 
Order:  An order is a written direction or command delivered by a court or judge. An order from a Superior Court that resolves the case and is signed by the judge and entered by the clerk is called a final judgment. 
Party:  A party is a person or entity that either brings or defends a lawsuit. Some cases may involve more than one Plaintiff or Defendant. When a Rule of Civil Appellate Procedure refers to “all parties” or “any party” it means either (1) every party whose claims or defenses have been resolved by the judgment on appeal, or (2) after the Court of Appeals has assigned a case number and designated the parties on appeal, those parties identified in the appellate court caption. Special rules apply if more than one party files an appeal from the same judgment. See, for example, ARCAP Rules 11(h) and 13(h)
Petition for Review/Response to Petition for Review:  A Petition for Review is a document that a party files with the Clerk of the Arizona Supreme Court if that party wants the Arizona Supreme Court to review a decision of the Court of Appeals. The Petition for Review must be filed with the Clerk of the Arizona Supreme Court within thirty (30) days after the Court of Appeals files its decision. If a Petition for Review is filed on time, the opposing side will have thirty (30) days from the date the Petition for Review is served by hand delivery or electronic service or thirty-five (35) days after service by mail, to file any objections in a document called a Response to Petition for Review. The Response to the Petition for Review is filed with the Clerk of the Arizona Supreme Court. (See Forms 23 and 24.) 
Petitioner:  In family law cases, the party initiating the case is called the Petitioner instead of the Plaintiff.
“Pro Se” or “Pro Per” Litigants:  These are persons who represent themselves in a court of law without the assistance of an attorney. 
Record on Appeal:  The record on appeal consists of (1) all documents filed in a case with the Clerk of the Superior Court, (2) all exhibits admitted by the Superior Court judge, and (3) all transcripts of any and all proceedings for that case. The parties in an appeal must take steps to ensure that all necessary transcripts of proceedings that took place in the Superior Court are included in the Record on Appeal. 
Reply Brief: This is an optional document that the Appellant or Cross-Appellant may file in response to the Answering Brief or Answering Brief on Cross-Appeal. The Reply Brief should respond to the arguments in the Answering Brief or the Answering Brief on Cross-Appeal and should not re-urge the same arguments that were made in the Opening Brief or the Opening Brief on Cross-Appeal. The Reply Brief should refer to the trial transcripts or exhibits to show that the facts supporting the argument can be found in the record. (See Form 16.) 
Respondent:  In family law cases, the opposing party is called the Respondent instead of the Defendant. 
Service: Service occurs when one party delivers a copy of a legal document to the other party or parties. Service may be personal (hand-delivered) or by mail. A party may also agree to be served electronically, or a court may order electronic service. All documents filed with the Clerk of the Superior Court, the Clerk of the Court of Appeals, and the Clerk of the Arizona Supreme Court must be served on the other parties to an appeal. If the other party has an attorney, the documents must be served on the attorney. If the other party does not have an attorney, the documents must be served on the other party at the other party’s last known address. 
Statement of Costs:  This is a document that the party who wins on appeal can file in order to recover, from the unsuccessful party, the costs he or she incurred in preparing the appeal from the unsuccessful party. (See Form 22.) 
Superior Court:  This is the “trial court” in each of Arizona’s fifteen (15) counties. It is the court where most civil cases are initially filed. Appeals from final decisions in the Superior Court are taken to the Court of Appeals. 
Supersedeas Bond:  This is a bond that the Superior Court requires the Appellant to pay if the Appellant wants to delay payment of a money judgment until the appeal is completed. If a Supersedeas Bond is filed in the Superior Court, the Appellee cannot collect the money awarded by the final judgment until the appeal is completed. If no Supersedeas Bond is filed, and no proceedings initiated to set a Supersedeas Bond, the Appellee may collect the money judgment while the appeal is awaiting decision by the Court of Appeals. (See Form 14.) 
Timely File:  Whatever document is to be filed in the Superior Court, the Court of Appeals, or the Arizona Supreme Court must be filed on or before the last day set forth in this guide or on or before any other date set by the Court of Appeals or the Arizona Supreme Court in a notice sent to the parties. 
Transcripts: These are documents prepared by a court reporter or from an electronic recording. They contain an exact record of what was said and done in proceedings that took place in the Superior Court. The parties in an appeal must make sure that all necessary transcripts are included in the Record on Appeal.