Forensic Engineering Experts
David Komm, President
877-674-9336 or 602-443-1060
When you need to know why.
Industrial Accidents/Personal Injury
3315 East Wier Avenue
Phoenix, Arizona 85040
1. For example, although the comment to ARCAP 6(b) previously indicated that a motion to file an over-length brief
may be a procedural motion, Division One will usually wait
until the response time has expired before issuing a ruling.
Division Two usually will not wait for a response.
2. For example, when a brief is due June 10, but the party
erroneously believes it is due June 5, the party will often
request an extension of time until July 5 (25 days) rather
than to July 10 ( 30 days).
• If you believe the court lacks jurisdiction over an appeal
or the appeal should be dismissed for some other reason, file a motion to dismiss rather than including the
argument as part of your answering brief. Doing so will
allow the court to consider your request earlier, which
may save you time and money, and save the court
• If the appellate court directs you to obtain an order
from another court, such as a bankruptcy court, provide
a copy of the requested order to the appellate court
once it is issued.
• When requesting permission to file a document under
seal, include the document with the motion. See
ARCAP 4. 1(b)( 2). The court cannot adequately
evaluate the request unless it examines the subject
document. If you are filing in Division Two, you can
request that the electronically filed motion and the
attached documents remain under seal; the court stores
the documents on a special computer drive that is not
connected to the Internet and that can be accessed
only by authorized individuals.
• The rule governing extensions of time for filing a
petition for review now requires a party to file such
a request with the Arizona Supreme Court, not the
Court of Appeals. See ARCAP 23.
Understanding how the court processes motions is important to effective appellate motion practice, a frequently
neglected aspect of the appellate process. Whether it is a
simple extension request or a potentially case-dispositive
issue, any motion will benefit by compliance with the relevant procedural rules and the court’s preferences. Thus, be
sure you are familiar with the rules governing motions and
the court’s policies, available on the courts’ websites. Although court staff cannot speak to parties or counsel about
a specific case or offer legal advice, staff is available to answer general motions questions.