Arizona

Criminal Procedure

Criminal Procedure

Rule 31.17 – Oral Argument in the Court of Appeals

(a) Request for Oral Argument.

(1)Request. A party may file a separate request for oral argument no later than 10 days after the due date for the final reply brief, or no later than 10 days after the date the appellant or cross-appellant actually files the final reply brief, whichever is earlier. A party requesting extended oral argument must state the reasons as part of the request.
(2)Order and Notice. If the Court of Appeals grants a request for oral argument, or if the Court of Appeals orders oral argument on its own, the Court of Appeals clerk will notify the parties of the time and place for oral argument and the allocation of time for each side. The Court of Appeals clerk will provide the notice at least 20 days before the date set for oral argument.
(b) Declining a Request for Oral Argument.

(1)Generally. Notwithstanding a party’s request under (a)(1), the Court of Appeals may decide an appeal without oral argument if it determines that:

(A) the appeal is frivolous;
(B) the Court of Appeals has recently decided in another case the dispositive issues presented; or
(C) the briefs and record adequately present the facts and legal arguments, and oral argument would not significantly aid the decisional process.
(2)Notice. The Court of Appeals clerk must give the parties prompt written notice if the Court of Appeals determines the case will be submitted without the requested oral argument.

Ariz. R. Crim. P. 31.17

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

HISTORICAL AND STATUTORY NOTES

Former Rule 31.17, relating to disposition and ancillary orders, was abrogated effective January 1, 2018. See, now, AZ ST RCRP Rule 31.23.