Arizona

Criminal Procedure

Criminal Procedure

Rule 31.13 – Due Dates; Filing and Service of Briefs

(a) Time for Filing a Brief in a Noncapital Case.

(1)Opening Brief. The appellant must file an opening brief no later than 40 days after the appellate clerk mails or otherwise distributes an initial notice under Rule 31.9(e). If an appellant does not timely file an opening brief, the appellate court may dismiss the appeal on motion or on its own.
(2)Answering Brief. The appellee must file an answering brief no later than 40 days after the appellant’s brief is served. If the appellee does not timely file an answering brief, the appellate court may deem the appeal submitted for decision based on the opening brief and the record.
(3)Reply Brief. The appellant may file a reply brief no later than 20 days after the answering brief is served. In lieu of filing a reply brief, the appellant may file a notice that the appellant will not be filing a reply brief.
(4)Combined Brief on Cross-Appeal. A cross-appealing party must file a combined answering brief on appeal and opening brief on cross-appeal no later than 40 days after the appellant’s opening brief is served. The appellant/cross-appellee must then file a combined reply brief on appeal and answering brief on cross-appeal no later than 40 days after service of the combined answering brief on appeal/opening brief on cross-appeal.
(5)Reply Brief on Cross-Appeal. The cross-appellant may file a reply brief no later than 20 days after the cross-appellee’s combined brief is served. The reply brief must address only matters raised in the answering brief on cross-appeal. In lieu of filing a reply brief, the cross-appellant may file a notice that the cross-appellant will not be filing a reply brief.
(6)Amicus Curiae Brief. An amicus curiae must file its brief by the deadlines provided in Rule 31.15(c) or (d).
(7)Response to Amicus Curiae Brief. A party may respond to an amicus curiae brief. If the amicus curiae files a brief with the consent of the parties or if a government entity or agency files an amicus curiae brief, a party has 30 days after the brief is served to file a response. If the appellate court grants a motion for leave to file an amicus curiae brief that has been lodged with the appellate court, a party has 30 days from entry of that order to file a response.
(b) “At Issue.” The appeal will be deemed to be “at issue” when the final reply brief or a notice that no reply brief will be submitted is filed, or when the reply brief is due, whichever is earlier.
(c) Manner of Filing Briefs.

(1)Electronic Filing. If a party is represented by counsel, the party must file a brief electronically. Electronic filing of a brief is timely only if the appellate clerk actually receives it within the time allowed for filing.
(2)Paper Filing. A defendant may file a paper brief only if self-represented. The filing of a paper brief is timely if:

(A) the filing party places the brief in the United States Postal Service mail within the time allowed for filing;
(B) the filing party delivers the brief to a third-party commercial carrier within the time allowed for filing, for the carrier’s delivery to the appellate clerk within 3 calendar days;
(C) the filing party hand-delivers the brief to the appellate clerk within the time allowed for filing; or
(D) if the party is incarcerated, the party delivers the brief to jail or prison authorities for mailing within the time allowed for filing.
(d) Service of Briefs and Appendices.

(1)Service. A party must serve a brief and any separate appendix on all other parties to the appeal, as provided in Rule 1.7(c). A party that files a paper brief or separate paper appendix must serve two copies of the brief and appendix on every separately represented party. If a party files an electronic brief or appendix that includes bookmarks or hyperlinks, the party must serve on all other parties to the appeal an electronic copy of the brief or appendix that contains the same functioning bookmarks or hyperlinks.
(2)Certificate of Service.

(A) Generally. The party serving the brief and any separate appendix must file a certificate of service with the appellate clerk, as provided in Rule 1.7(c)(3). The filing party also must serve this certificate on all other parties.
(B) Mailing or Carrier Delivery. If a brief is filed under (c)(2)(A) or (B), the certificate also must include the date the brief was delivered to the commercial carrier or placed in the United States Postal Service mail.
(C) Hand Delivery. If a brief is filed under (c)(2)(C), the certificate also must include the date of delivery to the clerk.
(D) Delivery to Prison Authorities. If a brief is filed under (c)(2)(D), the certificate also must include the date the brief was delivered to jail or prison authorities for mailing.
(e) Extension of Time to File a Brief.

(1)Extension Due to Transcript Unavailability.

(A) Generally. If a party moves to extend the time for filing a brief based on a transcript’s unavailability, the motion must:

(i) certify that the party timely ordered and, if applicable, made payment arrangements for the transcript under Rule 31.8(c);
(ii) provide the reason for the reporter’s or transcriber’s inability to have the transcript completed; and
(iii) state the reporter’s or transcriber’s estimated date of completing and filing the transcript.
(B) Order. If the appellate court grants a motion to extend time based on a transcript’s unavailability, it will extend the time for filing the brief to 30 days after the transcript’s estimated filing date.
(2)Extensions for Other Reasons. A motion or stipulation to extend the time for filing a brief for any reason other than a transcript’s unavailability must comply with Rule 31.3(e).

Ariz. R. Crim. P. 31.13

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

HISTORICAL AND STATUTORY NOTES

Former Rule 31.13, relating to appellate briefs, was abrogated effective January 1, 2018. See, now, this rule and AZ ST RCRP Rules 31.10, 31.11, 31.12, 31.14.