Arizona

Criminal Procedure

Criminal Procedure

Rule 31.11 – Appendix

(a) Applicability. A party may file an appendix with the party’s brief in the Supreme Court and in Division One of the Court of Appeals. A party’s appendix must be filed by the same method–paper or electronic–as the party’s brief. An electronically filed brief in Division Two of the Court of Appeals must include electronic links when citing to the record on appeal and the brief must not include an appendix. A party may file an appendix in Division Two only if filing a paper brief.
(b) Content of the Appendix. The appendix should include only those portions of the record and legal authorities that are cited in the briefs and that are essential to decide an issue on appeal.
(c) Table of Contents. If there is more than a single item in the appendix, the appendix must begin with a table of contents that identifies each item included in the appendix. The table of contents must identify items in both of the following ways:

(1)Location in the Record. If the item is included in the record on appeal, the table of contents must identify where each item is located in the record–by item number in the clerk’s index (see Rule 31.9(b) ), by transcript date, or by exhibit number, as appropriate.
(2)Location in the Appendix. The table of contents also must identify the item’s location in the appendix by page number, or by volume and page number.
(d) Appendix Filed Electronically. A party that electronically files a brief may file a separate appendix or may file a combined brief and appendix as a single document, with the appendix following the brief. A combined filing must not exceed the size limits of the filing portal.

(1)Page Numbering. The pages in an appendix must be numbered sequentially. An appendix page number should match the electronic page number of the viewing software. If a party files a combined brief and appendix, the first page of the appendix must include a number sequential to the last page of the brief. For a separately filed appendix, the numbers should start with the cover page of the appendix.
(2)Multiple Volumes. If a separate appendix is more than one volume, page numbering should restart for each volume and include an identifier that distinguishes each volume (e.g., APPV1-001, APPV2-001).
(3)Bookmarks and Hyperlinks. Each item in the appendix table of contents must include a bookmark or hyperlink to the item in the appendix. If feasible, a combined brief and appendix filed as a single document must contain bookmarks or hyperlinks to items in the appendix when these items are cited in the brief.
(e) Appendix Filed in Paper.

(1)Page Numbering. Pages of the appendix must be numbered sequentially, beginning with the appendix cover page.
(2)Combined Filing. A party that files a brief in paper form may file a combined brief and appendix. If combined, the appendix must be located after the brief, and a blank page of distinctive color must separate the last page of the brief from the first page of the appendix.
(3)Separate Filing. A party filing a paper appendix that is not combined with the brief must securely bind the appendix (for example, the pages of the appendix may be clipped or banded), but the binding must not use adhesives. The Supreme Court and Division One discourage the use of devices such as staples or two-pronged fasteners that perforate the pages of the appendix.

Ariz. R. Crim. P. 31.11

Added by August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 31.11, relating to perfection of the appeal, was abrogated effective January 1, 2018. See, now, AZ ST RCRP Rule 31.13.