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Division 1 Appellate Form Criteria

In the fall of 2024, the Arizona Department of Child Safety (DCS) mailed letters to parents who once had an open dependency and/or severance case.

Did you receive a letter? Visit the DCS letter page for more information.

Information to complete the forms should be TYPED rather than handwritten.

To file for an appeal to the Arizona Court of Appeals you will need:

  • Time and patience
  • Case number
  • Name of the appellant and their counsel (if applicable)
  • Records of service dates and compliance
  • Court transcripts of previous trials pertaining to the appeal or details of the transcript order with expected date of completion
  • Cashier's Check or Bond for the Supersedeas Bond required
  • If requesting a fee waiver or deferral, monthly income statements, monthly expenses, and current assets
  • Costs associated with the trial

Documents should be submitted using paperclips, binder clips, or rubber bands; staples or hole making fasteners and adhesive materials are highly discouraged.

Required formatting for the Opening Brief:

  • Typed
    • Handwritten may be allowed if printed legibly
  • 8.5x11, white paper
  • Printed single-sided
  • 14 size, monospaced, font
  • 1" margins
  • Double spaced
    • Headings, quotations, and footnotes can be single spaced and indented
  • Referred to cases must be in italics
  • Headings must be underlines, in italics, or in bold
  • Pages numbered
  • No longer than 14,000 words, may not exceed 280 words, per page
    • Table of contents, table of citations, certificate of compliance, and appendix are not included in the count

Arizona Court of Appeals Division One requires a Case Management Statement to be filed along with the brief/petition.  For this you will need:

  • Date the Superior Court filed the judgment/order and was the ruling signed
  • Date each notice of appeal or cross-appeal was filed and by whom
  • If time was extended, identify the motion, date of filing, date of ruling, and was the ruling signed
  • Names and filing dates of current motions pending in Superior Court
  • Date of compliance with ARCAP 11(c)(1) and (2)
    • Name of court reporter or authorized transcriber
    • Estimated date of completion
  • If applicable, the court, case name, and number of pending bankruptcy court petition
  • If applicable, the case name and number of other appeals, special action, or petition for review as it pertains to this case
  • Opposing side address, email, and telephone number

 

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