Arizona

Criminal Procedure

Criminal Procedure

Rule 31.2 – Notice of Appeal or Notice of Cross-Appeal

(a) Notice of Appeal or Cross-Appeal.

(1)Filing a Notice. Except as provided in (b), a party appeals or cross-appeals a judgment or sentence by signing and filing a notice of appeal or a notice of cross-appeal with the superior court clerk.
(2)Time for Filing.

(A) A notice of appeal from a judgment of conviction and imposition of sentence must be filed no later than 20 days after the oral pronouncement of sentence.
(B) A notice of appeal from a judgment or order other than (A) must be filed no later than 20 days after entry of the judgment or order.
(C) A notice of cross-appeal, if any, must be filed no later than 20 days after the appellant’s notice of appeal is filed.
(3)Delayed Appeal. A notice of delayed appeal must be filed no later than 20 days after entry of the order granting a delayed appeal under (f).
(b) Automatic Appeal for a Defendant Sentenced to Death. As provided in Rule 26.15, when a defendant has been sentenced to death, the superior court clerk must file a notice of appeal on the defendant’s behalf after the oral pronouncement of sentence. That notice constitutes a notice of appeal by the defendant with respect to all judgments entered and sentences imposed in that case. No later than 10 days after the notice of appeal is filed, the clerk must notify all assigned court reporters or transcribers that they are required to transmit their portions of the certified transcript to the Supreme Court clerk.
(c) Content of the Notice of Appeal or Cross-Appeal.

(1)The Appeal’s Subject. A notice of appeal or cross-appeal must identify the order, judgment, or sentence that is being appealed.
(2)Victim’s Rights Certification. If the State’s notice of appeal or cross-appeal is based in whole or in part on a victims’ rights violation, the State must certify in the notice of appeal or opening brief that the victim requested the appeal or cross-appeal.
(3)Other Requirements. A notice of appeal also must include:

(A) the defendant’s name and address;
(B) the name and address of defense counsel, if any;
(C) the name and address (if known) of any co-defendant at trial; and
(D) whether the defendant was indigent when sentenced or when the appealable order was entered.
(d) Joint Notice of Appeal or Cross-Appeal. If two or more defendants are entitled to appeal from judgments, sentences, or orders arising out of the same proceeding, and they have common issues of law and fact, they may file a joint notice of appeal or cross-appeal.
(e) Distribution of Notices by the Superior Court Clerk.

(1)When a Defendant Appeals. No later than 8 days after the defendant files a notice of appeal, the superior court clerk must distribute a copy of the notice to:

(A) the prosecuting agency that tried the case;
(B) the attorney general;
(C) the defendant, and each co-defendant at trial who is not a joint-appellant;
(D) defense counsel of record, if any;
(E) the appropriate certified reporter or reporters or, if the record was made by electronic or other means, to the court’s designated transcript coordinator; and
(F) the clerk of the proper appellate court.
(2)When the State Appeals. No later than 8 days after the State files a notice of appeal or cross-appeal, the superior court clerk must distribute a copy of the notice to:

(A) each defendant and defense counsel of record, if any;
(B) the appropriate certified reporter or reporters, or if the record was made by electronic or other means, to the court’s designated transcript coordinator; and
(C) the clerk of the proper appellate court.
(3)Notice to Unrepresented Defendant. When distributing the notice of appeal or cross-appeal, the superior court clerk must distribute a notice advising an unrepresented defendant of the right to counsel under Rule 6.
(4)Notice to the Appellate Court of Pending Post-Trial Motions. When the superior court clerk sends a notice of appeal or cross-appeal to an appellate court, the clerk must include a copy of any motion filed by a party under Rule 24 that the superior court has not yet decided.
(f) Entry by the Superior Court Clerk. When any party files a notice of appeal or cross-appeal, the superior court clerk must enter in the docket:

(1) whether the defendant was indigent when the appealable order was entered; and
(2) the name and address of each party to whom the clerk distributed copies of the notice of appeal or notice of cross-appeal, and when each notice was distributed.
(g) Assignment of Appellate Case Number.

(1)Timing. No later than 10 days after receiving a notice of appeal from the superior court clerk, the appellate clerk must assign an appellate case number to the appeal.
(2)Case Title. The appellate clerk must use same case title used in the superior court. If the title does not contain the name of the appellant, the appellate clerk may modify the title. The clerk also must designate the parties as appellants, appellees, cross-appellants, or cross-appellees, as they will appear in the appellate court.
(3)Notice. The appellate clerk must promptly notify each individual identified in Rule 31.2(e)(1) or (2) of the assignment of the appellate case number.
(h) Amended Notice. If the superior court enters an order granting or denying relief under Rule 24 after a notice of appeal or cross-appeal has been filed, a party seeking review of the order must file an amended notice no later than 20 days after entry of the order.

Ariz. R. Crim. P. 31.2

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

HISTORICAL AND STATUTORY NOTES

Former Rule 31.2, relating to notice of appeal, automatic appeal, and joint appeals, was abrogated effective January 1, 2018.