Arizona

Criminal Procedure

Criminal Procedure

Rule 31.9 – Transmission of the Record to the Appellate Court

(a) Transcripts. The authorized transcriber provides transcripts of superior court proceedings to the appellate court as provided in Rule 31.8(d).
(b) Official Documents; Index. After a party files a notice of appeal, the superior court clerk must prepare a numerical index of the documents in the superior court’s file (the “index”). The superior court clerk must promptly distribute a copy of the index to every party to the superior court judgment that is the subject of the appeal.
(c) Electronic Transmission by the Superior Court Clerk.

(1)Generally. No later than 45 days after a notice of appeal is filed, the superior court clerk must electronically transmit to the appellate clerk, and make available to all parties:

(A) all documents filed in the superior court before the effective date of the filing of the notice of appeal, a notice of cross-appeal, or an amended notice of appeal, including minute entries, notices of appeal and cross-appeal, and the index;
(B) every exhibit listed or designated under Rule 31.8(a) in paper, electronic, or photographic form, unless relieved by the appellate court of an obligation to do so; and
(C) any other items requested by the appellate clerk.
(2)Extension and Reduction of Time. For good cause and after considering the rights of the victim, the appellate court may grant one 20-day extension for transmitting the record on appeal. The appellate court also may order the superior court clerk to transmit the electronic record, or a portion of the record, at an earlier time or it may order physical transmission of the entire record or portions of the record under (d). The appellate clerk must distribute a copy of any order entered under this rule to the parties, the superior court clerk, and to the requesting authorized transcriber.
(3)Supplementation. At any time during the appeal, the appellate court may direct the superior court clerk by an order or written request to transmit portions of the record that were not included in previous transmissions.
(d) Physical Transmission by the Superior Court Clerk. The superior court clerk must notify the appellate clerk and the parties to the appeal of any items in the superior court’s record of a size, bulk, or condition that makes their electronic transmission impractical. If any of those items are necessary for a determination of issues raised on appeal, the appellate court, on motion or on its own, may order that the superior court clerk transmit to the appellate court any or all of these items in physical form. Alternatively, the parties may stipulate to the method of transmitting the item.
(e) Notice that the Record Was Received. When the appellate clerk receives all of the record on appeal, the appellate clerk must promptly give all parties notice of that fact and the date on which the clerk received the complete record.

Ariz. R. Crim. P. 31.9

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

HISTORICAL AND STATUTORY NOTES

Former Rule 31.9, relating to transmission of the record, was abrogated effective January 1, 2018.