Arizona Rules of Civil Appellate Procedure, Rule 9. Appeal–When Taken

(a) Time; Personal Representatives; Cross-Appeal. A notice of appeal required by Rule 8 shall be filed with the clerk of the superior court not later than 30 days after the entry of the judgment from which the appeal is taken, unless a different time is provided by law. If the court finds that (1) a party entitled to notice of entry of judgment did not receive such notice from the clerk or any party within 21 days of its entry and (2) no party would be prejudiced, the court may upon motion filed not later than 30 days after the expiration of the time for appeal, or within 7 days of receipt of such notice, whichever is earlier, extend the time for appeal for a period not to exceed 14 days from the date of the order granting the motion. If a party dies during the time he is entitled to take an appeal, the appeal may be taken by his personal representative within 90 days after the death of the party. A notice of cross-appeal may be filed by an opposing party within 20 days from the date the notice of appeal is filed.

(b) Extension of Appeal Time. When any of the following motions are timely filed by any party, the time for appeal for all parties is extended, and the times set forth in Rule 9(a) shall be computed from the entry of any of the following orders:

(1) Granting or denying a motion for judgment notwithstanding the verdict pursuant to Ariz. Rules Civ. Proc. 50(b);

(2) Granting or denying a motion to amend or make additional findings of fact pursuant to Ariz. Rules Civ. Proc. 52(b) or Ariz. Rules Fam. L. Proc. 82(B), whether or not granting the motion would alter the judgment;

(3) Granting or denying a motion to alter or amend the judgment pursuant to Ariz. Rules Civ. Proc. 59(1) or Ariz. Rules Fam. L. Proc. 84;

(4) Denying a motion for new trial pursuant to Ariz. Rules Civ. Proc. 59(a) or Ariz. Rules Fam. L. Proc. 83(A).

If more than one of the foregoing motions is timely filed, the expiration of the time for appeal is to be computed from the entry of the order which disposes of the last remaining motion. When a motion to amend or make additional findings of fact is granted, the time does not start to run until the amendment or addition has been accomplished by court order. The same applies also to the granting of a motion to alter or amend the judgment. For the purposes of this subdivision, entry of an order occurs when a signed written order is filed with the clerk of the superior court.

(c) Judgments for Jury Fees. A timely notice of appeal from an appealable judgment or order shall also be a timely appeal from any related judgment for jury fees, regardless of whether the notice designates the judgment for jury fees.

About Scott David Stewart

Scott Stewart has written 443 posts in this blog.

Prior to forming the family Law Offices of Scott David Stewart, Mr. Stewart worked as a Deputy County Attorney for the Maricopa County Attorney’s Office as a felony prosecutor. Mr. Stewart now helps Arizona citizens with divorce and family law matters.



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