Special Action Overview

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In general, the Court of Appeals reviews a ruling or decision only when:

          (1) the case is final, and

          (2) the Court has specific authority to consider the challenged decision or ruling.
 

An appellate special action is a proceeding in which the Court reviews a decision outside of these circumstances.  For example, before the case is final or when there is no statutory authority enabling review.  It is brought to seek relief against a body, officer, or person and must be based on one of the following reasons: (1) the decision-maker failed to perform a duty, (2) the decision-maker acted (or is threatening to act) without legal authority, or (3) the decision-maker made a determination that was arbitrary and capricious or an abuse of discretion.  Except as authorized by statute, relief by special action is unavailable when there is an equally plain, speedy, and adequate remedy by direct appeal.  Requirements for special action proceedings can be found here and the Court’s A.O. 2024-13.

 

An appellate special action begins when a party (called a “petitioner”) files a Petition for Special Action in the Court of Appeals.  This petition must be accompanied by a cover sheet. With limited exceptions, all attorneys are required to use AZTurboCourt to electronically file the petition and related materials.  Self-represented parties may file the petition in paper or via AZTurboCourt.

 

The petitioner must include copies of all documents filed in the superior court that are necessary to resolve the special action.  This collection of documents is called an appendix.  A party who files a response to the petition may choose to file an appendix with any document(s) not included in the petitioner’s appendix that the respondent believes are necessary to resolve the special action.  More information about the required appendix can be found here.

 

Pursuant to Rules of Procedure for  Special Action Rule 15(c), an attorney filing a Special Action Petition must serve tthe petition on all other parties by email or via the e-filing system on the same day it is filed.  A self-represented party must serve the petition promptly through email, the e-filing system, or mail.  The attorney or party filing the petition must submit with it a list of attorneys for all other parties to the proceeding, and all self-represented litigants and their contact information, including email addresses.  An example contact information sheet is provided here.  Filers are not required to use this exact contact sheet, but all information on this sheet must be provided in some form. The Court will then file and serve a notice to all parties using the information provided.

 

If a party is asking the Court to stay superior court proceedings while it considers the special action, the party must first ask the superior court for a stay.  Rules of Procedure for Special Action Rule 16 provides information about stays.  Information about special action stay hearing procedures in Division One can be found on the Court’s website here.

 

The Court of Appeals’ jurisdiction over a special action is almost always discretionary.  In other words, the Court is not required to accept a party’s petition for special action and instead decides for itself whether it will consider the matter.  Replies may only be filed if ordered by the court. The assigned judges sitting as a panel of three will review the petition shortly after it is filed.  If the panel decides not to accept jurisdiction at that time, it will dismiss the petition.  Every petition and response must be accompanied by a certificate of compliance.  The Court may or may not order a response.  If a response is ordered, it is generally ordered to be filed 7 days from the order.

 

If the assigned judges determine that oral argument might be helpful, the Court will issue an order identifying the date and time of the argument.  Otherwise, the panel of three judges will issue a decision after it has conferenced the case.

 

There is no time limit for the Court to issue a decision, which can be in the form of a memorandum decision, an opinion, or an order.

 

A petitioner may seek review only of a decision declining jurisdiction by filing a Petition for Review in the Arizona Supreme Court.  A party may move for reconsideration of a decision accepting jurisdiction and granting or denying relief, or may file a Petition for Review in the Arizona Supreme Court to challenge the decision.

 

Reviews of decisions by the Industrial Commission of Arizona are also considered special actions. More information about challenges to Industrial Commission decisions can be found here.

Appendices
 

A petition for special action must include an appendix containing all documents in the superior court record that are needed for the Court of Appeals to determine the issue(s) presented in the petition.  Arizona Rule of Procedure for Special Actions 14(e).  The appendix must comply with Arizona Rule of Civil Appellate Procedure 13.1(c)–(e), which explains the requirements for a table of contents, page-numbering, and differences between appendices filed electronically versus in paper.  If an appendix needs to include a record document that should not be publicly disclosed, the filer may seek to file the document in paper and under seal.

 

All references to the record in the petition, response, or reply should also cite the page number in the appendix where the reference can be found.  Filers are encouraged to file the petition and appendix as a combined document, and to provide electronic bookmarks in the petition to the corresponding record documents in the appendix.  Click here for a list of tips about how to e-file documents, including bookmarking and hyperlinking.

 

A response to a petition for special action should refer to the record and may cite the petitioner’s appendix for any record document contained in that appendix.  If the respondent believes that the petitioner’s appendix is missing any record documents needed to resolve the issue(s) raised in the petition, the respondent should file an appendix containing those documents. The respondent’s appendix must comply with the same requirements as the petitioner’s appendix.

Special Action Overview

Appendices

Special Action FAQs