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1. How do I file a Motion for Reconsideration?

Follow Rule 22, Rules of Civil Appellate Procedure or Rule 31.18, Rules of Criminal Procedure. Motions for Reconsideration are not allowed on denied petitions for review, orders declining to accept jurisdiction of a petition for special action or an order denying a motion for reconsideration without an order from the court.

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2. How do I calculate the days for service?

For Civil cases: “When the period of time prescribed or allowed, exclusive of any additional time allowed under subdivision (e) of this rule, is less than eleven (11) days, intermediate Saturdays, Sundays and legal holidays shall not be included in the computation. When the period of time is eleven (11) days or more, intermediate Saturdays, Sundays and legal holidays shall be included in the computation. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday or a legal holiday.” [Rule 6(a), Rules of Civil Procedure]

“Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served by a method authorized by Rule 5(c)(2)(C), (D), or (E), five calendar days shall be added to the prescribed period. [Rule 6(e), Rules of Civil Procedure]

For Criminal cases: Same as civil cases except the time allowed is less than seven (7) days. “When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sunday and legal holidays shall be excluded in the computation. Whenever a party has the right or is required to take some action within a prescribed period after service of a notice or other paper and the notice or paper is served by a method authorized by Rule 5(c)(2)(C), (D), or (E), Arizona Rules of Civil Procedure, five calendar days shall be added to the prescribed period.” [Rule 1.3, Rules of Criminal Procedure]

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3. How do I challenge a decision of another court?

The procedure to challenge another court’s decision depends on the type of review you want the next higher court to make. Please see the “Guide to Self- Represented Litigants” located on this web site, Arizona rules of procedure for petitions for review in criminal and civil matters and the special action rules.

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4. How long do I have to file my Petition for Review to the Arizona Supreme Court?

The time limit for filing a petition for review is found in Rule 23, Civil Appellate Procedure and in Rule 31.19, Rules of Criminal Procedure. These rules state: “Within 30 days after the filing of a decision or within 15 days after the clerk has mailed notice of the determination of a motion for reconsideration, any party may file with the clerk of the Court of Appeals a petition for review by the Supreme Court”.

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