Arizona

Criminal Procedure

Criminal Procedure

Rule 31.3 – Suspension of these Rules; Suspension of an Appeal; Computation of Time; Modifying a Deadline

(a) Suspension of Rule 31. For good cause, an appellate court, on motion or on its own, may suspend any provision of this rule in a particular case, and may order such proceedings as the court directs.
(b) Suspension of an Appeal.

(1)Generally. An appellate court on motion or on its own may suspend an appeal if a motion under Rule 24 or a petition under Rule 32 is pending to permit the superior court to decide those matters.
(2)Notice. If an appeal is suspended, the appellate clerk must notify the parties, the superior court clerk, and, if certified transcripts have not yet been filed, the certified reporters or transcribers.
(3)Later Notification. No later than 20 days after the superior court’s decision on the Rule 24 motion or Rule 32 petition, the appellant must file with the appellate clerk either a notice of reinstatement of the appeal or a motion to dismiss the appeal under Rule 31.24(b), and must serve a copy of such documents on all persons entitled to notice under (b)(2).
(c) New Matters. Other than a petition for post-conviction relief that is not otherwise precluded under Rule 32.2, a party to an appeal may not, without the appellate court’s consent, file any new matter in the superior court later than 15 days after the appellate clerk distributes a notice under Rule 31.9(e) that the record on appeal has been filed.
(d) Computation of Time. Rule 1.3(a) governs the computation of any time period in Rule 31, an appellate court order, or a statute regarding a criminal appeal, except that 5 calendar days are not added to the time for responding to an electronically served document.
(e) Modifying a Deadline. A party seeking to modify a deadline in the appellate court must obtain an appellate court order authorizing the modified deadline. For good cause and after considering the rights of the victim, an appellate court may shorten or extend the time for doing any act required by Rule 31, a court order, or an applicable statute.

Ariz. R. Crim. P. 31.3

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

COMMENT

Rule 31.3(d). On January 1, 2016, Rule 5(a) of the Arizona Rules of Civil Appellate Procedure was amended to provide that 5 additional days are not added to the time to respond to a brief, motion, or other document if it is electronically served. A similar provision appears in Rule 31.3(d) to ensure that the computation of time is the same in criminal and civil appeals.

HISTORICAL AND STATUTORY NOTES

Former Rule 31.3, relating to time for taking appeal, was abrogated effective January 1, 2018.