Arizona

Criminal Procedure

Criminal Procedure

Rule 31.22 – Appellate Court Mandates

(a) Definition. The mandate is the final order of the appellate court, which may command another appellate court, superior court, or agency to take further proceedings or to enter a certain disposition of a case. An appellate court retains jurisdiction of an appeal until it issues the mandate.
(b) Generally. Except in a capital case appeal in which the Supreme Court has affirmed a death sentence, an appellate court will issue the mandate in an appeal as follows:

(1) if the parties did not file a petition for review, the Court of Appeals clerk will issue the mandate when the time expires for filing the petition for review;
(2) if a party filed a petition for review, the Court of Appeals clerk will issue the mandate 15 days after the clerk receives a Supreme Court order denying the petition for review; and
(3) when the Supreme Court has filed any disposition that requires the issuance of a mandate, the Supreme Court clerk will issue the mandate 15 days after the disposition is filed, or, if a party files a motion for reconsideration, 15 days after the motion’s final disposition.
(c) Capital Case Appeals.

(1)Generally. In an appeal in which the Supreme Court has affirmed a death sentence, the Supreme Court clerk will issue the mandate:

(A) when the time expires for filing a petition for writ of certiorari in the United States Supreme Court challenging the decision affirming the defendant’s conviction or sentence on direct appeal; or
(B) if the defendant has filed a petition for writ of certiorari, when the Supreme Court clerk receives notice from the United States Supreme Court of a denial of the petition or, in a case in which the United States Supreme Court grants the petition, receives notice that the United States Supreme Court has issued its mandate.
(2)Petition for Rehearing. If the defendant files a petition for rehearing of a denial of a petition for writ of certiorari, the petition for rehearing does not stay or otherwise delay the Supreme Court clerk’s issuance of the mandate.
(d) Return of Papers. After the appellate court issues the mandate:

(1) the appellate clerk will return to the superior court clerk or other transmitting body any original exhibit or record provided to the appellate court under Rule 31.9; and
(2) the appellate clerk may destroy copies of the record as authorized by rule or appellate court administrative order.
(e) Stay of Mandate Pending Application for Writ of Certiorari.

(1)Request for Stay. A party may request an appellate court to stay issuance of the mandate pending application to the United States Supreme Court for a writ of certiorari as follows:

(A) a party may file an application for a stay of issuance of the mandate with the Arizona Supreme Court clerk no later than 15 days after the filing of the Court’s opinion, memorandum decision, or order denying a motion for reconsideration; or
(B) a party may file an application for a stay of issuance of the mandate with the Court of Appeals clerk no later than 15 days after the Arizona Supreme Court enters an order denying a petition for review, or no later than 15 days in any other situation requiring the Court of Appeals to issue a mandate.
(2)Duration. A stay may not exceed 90 days unless the appellate court extends the time for good cause. If, during this stay period, a party files a notice with the appellate clerk stating that the party has filed a petition for a writ of certiorari, the stay will continue until the appellate clerk receives notice from the United States Supreme Court of the denial of the petition or, in a case in which the United States Supreme Court grants the petition, receives notice that the United States Supreme Court has issued its mandate.
(f) Mandates from the United States Supreme Court. Upon receiving a mandate from the United States Supreme Court, an Arizona appellate court will take action consistent with that mandate, including issuing its own mandate to the superior court that entered the original judgment. The Arizona appellate court’s mandate will contain a verbatim recital of the United States Supreme Court mandate and command the superior court to take action as provided in the mandate.

Ariz. R. Crim. P. 31.22

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

HISTORICAL AND STATUTORY NOTES

Former Rule 31.22, relating to supplemental citation of legal authority, was abrogated effective January 1, 2018. See, now, AZ ST RCRP Rule 31.16.