Arizona

Criminal Procedure

Rule 31.20 – Motion for Reconsideration

(a) Purpose and Necessity. A party may file a motion for reconsideration requesting an appellate court to reconsider whether its decision contained erroneous determinations of fact or law. A party need not file a motion for reconsideration in the Court of Appeals before filing a petition for review under Rule 31.21.
(b) Required Showing. A motion for reconsideration must state with particularity the points of law or fact that the party believes the appellate court has erroneously determined, or any changes in the law after briefing or oral argument that may entitle the party to relief.
(c) Filing and Timing. A party desiring reconsideration of a decision must file a motion for reconsideration in the appellate court no later than 15 days after entry of the decision. A motion to extend this deadline must be filed in the appellate court that issued the decision. A party may amend a motion for reconsideration only with the court’s permission.
(d) Response. A party may not file a response to a motion for reconsideration unless requested by the appellate court to do so, but the court will not grant the motion without requesting the opposing party to file a response.
(e) Form and Length. A motion for reconsideration or a response to a motion for reconsideration must comply with Rule 31.6(b). A motion for reconsideration or a response to a motion for reconsideration may not exceed 3,500 words. A certificate of compliance, as provided in Form 30, must accompany a motion for reconsideration or a response. A party preparing this certificate may rely on the word count of the word processing system used to prepare the motion or response if it counts the required words including any footnotes.
(f) Motions Not Permitted. Unless permitted by specific appellate court order, no party may file a motion for reconsideration of an order denying a motion for reconsideration, an order denying a petition for review by the Supreme Court, or an order declining to accept jurisdiction of a petition for special action.

Ariz. R. Crim. P. 31.20

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

HISTORICAL AND STATUTORY NOTES

Former Rule 31.20, relating to suspension of the rules, was abrogated effective January 1, 2018. See, now, AZ ST RCRP Rule 31.18.