Arizona

Criminal Procedure

Criminal Procedure

Rule 31.4 – Consolidation of Appeals

(a) Consolidation by Appellate Court Order. On motion, by stipulation, or on its own, an appellate court may order appeals or cross-appeals consolidated at any time:

(1) if those appeals or cross-appeals raise a common question of law or fact; and
(2) the court has given the parties an opportunity to object.
(b) Consolidation with the Appeal of a Post-Judgment Proceeding. Unless good cause exists not to do so, an appellate court must consolidate an appeal from a judgment or sentence with an appeal from a final decision on a Rule 24 motion or a petition for review from a final decision on a Rule 32 petition if the motion or petition was filed:

(1) before a notice of appeal is filed; or
(2) while an appeal is pending and the motion or petition was decided while the appeal is stayed.

Ariz. R. Crim. P. 31.4

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

HISTORICAL AND STATUTORY NOTES

Former Rule 31.4, relating to motion to stay appeal, notice of reinstatement of appeal, consolidation of appeals, was abrogated effective January 1, 2018.