How to Appeal a Court’s Decision in Arizona?
The process for filing an appeal in the state of Arizona is lengthy but not overly complicated. You must make sure to dot all your i’s and cross all your t’s and be sure to meet the specific deadlines.
Notice of Appeal
The first and most crucial step is, as the appellant, you will need to file a “Notice of Appeal” in the court jurisdiction where your case presided. In your notice, you must include the following:
- Names and addresses of all parties involved.
- Names and addresses of all attorneys involved.
- Include a copy of the final ruling in the case you want it to be reviewed.
The deadline for filing your “Notice of Appeal” is fourteen days. There are some exceptions to this deadline for eviction cases.
Next, you must pay the court fee. If you cannot afford the cost, then you can request a delay in payment or a waiver. You may also be required to pay a “Cost Bond” which is money set aside to reimburse the other party for legal fees if you lose the appeal. If you want to suspend the original court’s decision until the appeal is final, you will also need to pay a supersedeas bond.
The next step is to order a copy of all the documents from your original trial. You may be able to obtain a “hearing trial” which is an audio version of the transcript.
You must compile and file a memorandum which is your side of the story and why you want the verdict overturned. This document must be prepared and filed within 60 days of your notice of appeal. This “brief” must include the following items:
The Facts: a succinct accounting of the case.
Argument: the final ruling and why was incorrect, cite precedent to support your claim.
Conclusion: a closing paragraph summarizing what you want the court to do.
You may also choose (if the court in your area allows it) to prepare an oral argument to present at the appeal.