Arizona

Criminal Procedure

Criminal Procedure

Rule 31.14 – Provisions Applicable Only to Briefs in Capital Case Appeals

(a) Length of Briefs. Opening briefs and answering briefs in a capital case appeal must not exceed 28,000 words. Reply briefs must not exceed 14,000 words.
(b) Time for Filing. An opening brief in a capital case must be filed no later than 90 days after the court issues a notice that the record is complete. An answering brief must be filed no later than 60 days after the appellant’s brief is served. A reply brief must be filed no later than 30 days after the appellee’s brief is served.
(c) Request for an Extension of Time to File a Brief.

(1)Factors a Court Must Consider. In ruling on any request for an extension of a time limit to file a brief, the court must consider the rights of the defendant and the rights of the victim to a prompt and final conclusion of the case.
(2)Notice to the Victim.

(A) Generally. If the victim in a capital case has filed a notice of appearance as provided in A.R.S. ยง 13-4042, a party requesting an extension of time to file a brief must provide notice of the request to the victim.
(B) Who Must Receive Notice.

(i) The victim may specify in the notice of appearance whether notification should be provided directly to the victim or to another person, including the prosecutor.
(ii) Unless the victim specifies a different method in the notice of appearance, notice must be provided through the prosecutor’s office handling the appeal.
(C) Timing.

(i) If the victim has requested direct notification, the party requesting an extension of time must provide notice to the victim no later than 24 hours after filing the request.
(ii) If the prosecutor has the duty to notify the victim on behalf of the defendant, the prosecutor must provide notice to the victim no later than 24 hours after receiving the request.
(D) Manner of Providing Notice.

(i) The victim’s notice of appearance may specify whether notice must be provided electronically, by telephone, or by regular mail.
(ii) Notice must be provided in the manner specified in the victim’s notice of appearance. If no method is specified, notice must be provided by regular mail.

Ariz. R. Crim. P. 31.14

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

HISTORICAL AND STATUTORY NOTES

Former Rule 31.14, relating to request for oral argument, and precedence of criminal appeals, was abrogated effective January 1, 2018. See, now, AZ ST RCRP Rule 31.17.