Appeals and Motions for Reconsiderations in Arizona

Anyone who receives a disappointing ruling wants to appeal it, but there’s a difference between wanting to appeal the ruling and having legal grounds to appeal it. The standards for an appeal are difficult because you are essentially putting the judge in your case on trial, and it is your burden to show the judge made a mistake.

Typically, that is not something a non-attorney can accurately assess on their own, and, honestly, it isn’t easy for an attorney either. Any good appellate attorney will need to dive into the facts of your case before they can say whether you have grounds. But before you spend considerable time, money, and energy on an appeal, you should know what your chances are going to be. That is going to require an open and honest consultation with an attorney.

Questions to Ask before Considering an Appeal

• What did the judge get wrong?
• What are the chances of success?
• If I have a ruling that can be modified, am I better off waiting and not appealing?
• What is the timeline for an appeal?
• Does what’s at stake justify the cost of an appeal?

You must file three documents to get the appeal process started:

1. 1. The Notice of Appeal, which starts the appeal, must be filed in the Superior Court.
   2. A transcript of the of the trial (most family court proceedings in the state are not transcribed). You will need to hire a licensed transcriptionist service to transcribe the recording of your trial and any other hearings germane to your appeal.
   3. A Case Management Statement, which is a filing that is mostly administrative.

The Appellate Briefs must be filed next. These can be lengthy documents (up to 14,000 words for the Opening and Answering Briefs, and up to 7,000 words for the Reply Brief). On an appeal, you are not holding a second trial; rather, through the Briefs, you are trying to convince the Court of Appeals that the judge made a mistake that requires the ruling to be set aside. The Opening Brief is the crucial document in the appeal. This is where you will make all your arguments as to why the trial court (the judge who made the ruling in the Superior Court) erred in making its ruling.

In the Answering Brief, your opponent will then have their chance to respond and explain why the trial court got it right. The person appealing will then have a chance to file a Reply Brief. The Reply Brief is limited to responding to those arguments raised in the Answering Brief.

An oral argument is an optional last step (unless the Court of Appeals choose to set one), but either party can request an oral argument. During an oral argument, each side has 20 minutes to present their arguments to the three-judge panel on the Court of Appeals. The judges can (and do) interrupt to ask questions.

After the matter has been briefed and the oral argument is held, then the matter is ready for the Court of Appeals to rule. Waiting for this ruling can take up to six months.

After the appeal is decided, a party may ask the Arizona Supreme Court to review the appellate ruling by filing a Petition for Review. The other party will have a chance to respond. The Supreme Court will then decide whether to hear the case—but they are not required to hear it.

Once the matter is finished in the appellate courts, the Court of Appeals will issue a mandate to the trial court, returning jurisdiction to that Court. If the Court of Appeals has overturned the trial court’s ruling, it may provide the trial court with instructions on what to do next.