Arizona

Criminal Procedure

Criminal Procedure

Rule 31.18 – Petition for Transfer

(a) Grounds for Transfer. The Supreme Court may permit the transfer of an appeal pending in the Court of Appeals to the Supreme Court if:

(1) the appeal requests that a decision of the Supreme Court be overruled or qualified;
(2) there are conflicting Court of Appeals decisions concerning an issue on appeal; or
(3) other extraordinary circumstances justify transfer.
(b) Transfer on Petition of a Party. A party to a case that is pending before the Court of Appeals may request the Supreme Court to transfer the case by filing a petition with the Supreme Court clerk on or before the date the appeal is at issue under Rule 31.13(b).
(c) Transfer on Petition by the Court of Appeals. The chief judge of the division of the Court of Appeals in which the appeal is pending may request transfer of the case by filing a petition with the Supreme Court at any time after the appeal is at issue under Rule 31.13(b).
(d) Form of a Petition. A petition filed under (b) must be no more than 1,400 words, must be in the form required by Rule 31.6(b), and must concisely explain why the Supreme Court should take jurisdiction of the case. The petitioner must serve a copy of the petition on each of the parties.
(e) Response to Petition. A party may file a response to a petition to transfer no later than 5 days after the petition is served. The length of a response and its form must be the same as required for a petition under (d).
(f) Transfer on Motion of the Supreme Court. On its own motion, the Supreme Court may order the transfer of a case pending before the Court of Appeals to the Supreme Court. The Supreme Court also may transfer a case filed in that court to the Court of Appeals.

Ariz. R. Crim. P. 31.18

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

HISTORICAL AND STATUTORY NOTES

Former Rule 31.18, relating to motions for reconsideration, was abrogated effective January 1, 2018. See, now, AZ ST RCRP Rule 31.20.