Division One Changes to Special Action Procedures – 11/18/2023

November 22, 2023

The Arizona Court of Appeals Division One announced significant changes to Special Action Procedures.

Division One of the Arizona Court of Appeals announced significant changes to the policies and procedures related to Special Actions.  Some of the most significant changes are noted below.

First, the Order Setting Dates will be replaced with a Clerk’s Notice.  The Clerk’s Notice will provide basic information about the Special Action, including the panel assigned, the case number assigned, and information regarding Division One’s policies.  Unlike the Order Setting Dates, the Clerk’s Notice will not set presumptive dates for conference and oral argument.  Instead, if a panel assigned to a Special Action determines that oral argument is needed, the panel will issue a separate order.

Second, Division One will no longer publish conference dates for Special Actions.

Third, petitioners who request a stay hearing in connection with a Special Action must now make the request through email to “stayrequests@appeals.az.gov” rather than by phone.  When requesting a stay hearing, the parties must provide information about their availability.  In addition, the petitioner must affirm in its email that it has already made a stay request at the superior court.

These changes will take effect on December 8, 2023.