DEADLINES AND PROCEDURES FOR FILING AN APPEAL

Max N. Hason, Esq.

So now, as we discussed in the last blog, you’ve been to trial, the judge has issued final, appealable orders, and you’ve determined the issues you want to appeal - what do we do now?

First, you must file a Notice of Appeal with the trial court putting the judge, the opposing party, and the Clerk’s office on notice that you are intending to appeal the final order. This notice must include the case caption and number, identify the party pursuing the appeal, identify the order or parts of the order that are being appealed, and which appellate court you are seeking review from.

The most important aspect here is make sure that this Notice is filed timely –missing the deadline will permanently and forever waive and eliminate any opportunity for the appellate court to review what you think the judge got wrong. Pursuant to Rule 9(a) of the Arizona Rules of Civil Appellate Procedure, the Notice of Appeal MUST be filed no later than 30 days after entry of the final orders or judgment that you are appealing. This is a hard deadline – if you miss it, the appeal will not be heard and if late your appeal will be dismissed out of hand.

By that same token however, filing your Notice of Appeal too early – such as before an order becomes a “final” order as we discussed in last week’s blog – can also be a recipe for disaster. A Notice filed prematurely, prior to final orders, is considered null and void and will not act to preserve the right to appeal. So, in essence, timing is everything here – file too soon or file too late and your appeal will be dismissed and you will lose your right to review by the appellate court.

Retaining an attorney experienced with appeals who are fully aware of the timeframes involved can be the difference in making sure that your rights are preserved and that the appellate court will review your case. We will discuss in the next blog the process and timeframe for review by the appellate court after you have properly filed your Notice of Appeal.

If you would like to work with one of our experienced Attorneys, please call OWENS & PERKINS at (480) 630-2464to schedule your free 30 minute consultation.

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