How to File a Petition for Review in Arizona Supreme Court: Deadline and Grounds

To file a petition for review in the Arizona Supreme Court, you have 30 days from the date the Court of Appeals enters its decision, a $330 filing fee, and a petition that follows ARCAP Rule 23. Review is discretionary, so the petition has to do more than argue the Court of Appeals got it wrong. It has to show the court why your case is one of the few worth taking.

The 30-Day Deadline

File the petition with the Arizona Supreme Court clerk within 30 days after the Court of Appeals enters its decision. The clock starts the day the decision is entered, not the day you receive it.¹

A timely motion for reconsideration in the Court of Appeals shifts that deadline. When anyone files one, you then have until 15 days after the court disposes of the motion or 30 days after the original decision, whichever date falls later. A motion for reconsideration can also preserve issues the Court of Appeals did not address, giving you additional grounds for the petition.¹

Arizona courts enforce appellate deadlines strictly, and there is no general right to a late filing. If you need an extension, the motion must be filed with the Supreme Court clerk before the original deadline expires.

Grounds That Persuade the Court to Grant Review

Unlike the appeal to the Court of Appeals, review by the Supreme Court is not automatic. The court takes cases that shape the law statewide rather than correcting individual errors. An argument that the Court of Appeals misapplied settled law to your facts will almost certainly fail.

Under ARCAP Rule 23, the court weighs factors like these when deciding whether to grant review:

Two divisions of the Court of Appeals have reached opposite conclusions on the same legal question.
An earlier Supreme Court decision needs to be clarified, overruled, or limited.
No published Arizona decision controls the legal issue at stake.
The case raises a legal question of statewide public importance.
The Court of Appeals made a clear mistake on a constitutional or otherwise foundational legal point.

Your petition should frame the case in terms of one or more of these categories.¹

What the Petition Must Contain

Rule 23 lays out four required sections, plus a fees request if it applies to you.

A concise list of the issues for review: the legal questions the Court of Appeals decided that you want the Supreme Court to examine.
A separate, non-argumentative list of any issues you raised in the Court of Appeals that it did not decide. If review is granted, the court may need to address those too.
A statement of the material facts relevant to the issues, with references to where those facts appear in the appellate record. Leave out anything that does not bear on the legal questions.
The reasons the court should grant review. This is the heart of the petition. Tie your argument to conflicting decisions, unsettled law, statewide importance, or fundamental legal error.

If you want attorney’s fees related to the appeal or the petition itself, include that request in the petition along with the information required by ARCAP Rule 21(a).¹

Formatting and Length

The petition cannot exceed 3,500 words, including footnotes and quotations. Use type of at least 14 points, double-spaced. The caption should match the party designations used in the Court of Appeals filings.¹

Every petition needs a certificate of compliance stating that the document meets the type-size, spacing, and word-count requirements. The word count generated by your word-processing software is enough for the certificate.²

The Appendix

A copy of the Court of Appeals’ decision must accompany the petition. If you filed a motion for reconsideration in the Court of Appeals, include the order disposing of that motion as well.¹

Any other documents from the appellate record that the court needs to understand the issues go in a separate appendix filed alongside the petition. Include only what is directly relevant; padding the appendix with unnecessary material does not help your case.³

Filing, Fees, and Service

How to File

Attorneys must file electronically through the court’s designated e-filing system. Self-represented parties are not required to e-file but are strongly encouraged to do so.⁴

The $330 Fee and Fee Relief

The filing fee is $330.⁵ If you cannot afford it, Arizona offers waivers and deferrals. You qualify for a full waiver if you receive Supplemental Security Income (SSI). If you receive TANF or food stamp benefits, the court should grant a deferral that postpones payment. Filers with income between 150% and 225% of the federal poverty level, or with extraordinary expenses, may be placed on a payment plan. Apply by filing the Application for Deferral or Waiver of Court Fees and Costs at the same time you submit the petition.⁶

Serving the Other Parties

Serve a copy of the petition and its appendix on every party who appeared in the Court of Appeals, at the same time you file the petition with the Supreme Court. After serving, file proof of service with the clerk documenting that all opposing parties received the documents.

Response and Cross-Petition

Once you file, the other side has 30 days from the date of service to file a response. If the opposing party believes additional issues deserve review, it can file a cross-petition within 15 days after being served with your petition or within 30 days after the Court of Appeals’ decision, whichever is later.¹

A standalone cross-petition or response is capped at 3,500 words. A combined cross-petition and response cannot exceed 6,500 words.¹

After the Court Rules

If Review Is Denied

The court denies the vast majority of petitions. The order will list any justices who voted in favor of granting review, and the clerk notifies the parties and the Court of Appeals. A denial leaves the Court of Appeals’ decision in place, and there is no further appeal in the Arizona state court system.¹

If Review Is Granted

When the court grants review, it may allow supplemental briefs, schedule oral argument, or both. If the order granting review does not mention supplemental briefing or oral argument, either party can file a motion requesting them within 15 days of receiving notice of the order. Oral argument, when scheduled, takes place at least 30 days after the court issues written notice of it.¹

1
New York Codes, Rules and Regulations. Arizona Rules of Civil Appellate Procedure – Rule 23. Petition for Review
2
New York Codes, Rules and Regulations. Arizona Rules of Civil Appellate Procedure – Form 2. Certificate of Compliance
3
AZ Court Help. Arizona Supreme Court Process
4
Arizona Judicial Branch. eFiling Information in Arizona
5
Arizona Judicial Branch. Fee Schedule
6
Arizona Judicial Branch. Fee Waivers and Deferrals