Arizona Notice of Appeal
Arizona counts the thirty day clock from the superior court's entry of judgment itself, and a small claims judgment cannot be appealed at all once the hearing has happened.
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Introduction
In Arizona, a notice of appeal from a final civil judgment of the superior court must be filed no later than 30 days after entry of the judgment from which the appeal is taken, not the date any party is served or receives notice of entry (Ariz. R. Civ. App. P. (ARCAP) 9(a)). If a party timely files a motion for judgment under Civil Procedure Rule 50(b), to amend or for additional findings under Rule 52(b), to alter or amend the judgment under Rule 59(d), for a new trial under Rule 59(a), or for relief under Rule 60 filed within 15 days after entry of judgment, the time to appeal for all parties begins to run over again from entry of a signed written order disposing of the last such remaining motion, and an appellant whose notice is filed before or during that motion must notify the appellate court of the pending motion, after which the appeal is suspended until the motion is decided (ARCAP 9(e)(1)-(2)). Outside that tolling list, the deadline is generally not extendable. ARCAP 9(f) lets the superior court reopen the appeal time for only 14 days after its order granting a motion to reopen, and only if the moving party did not receive notice of entry within 21 days after entry, the motion to reopen is filed within 30 days after the original deadline expired or within 7 days of receiving notice of entry, whichever is earlier, and no party would be prejudiced. If a party dies during the time to appeal, the personal representative gets 90 days after the death to file (ARCAP 9(d)). The notice is filed with the clerk of the superior court that entered the judgment, never with the Court of Appeals directly (ARCAP 8(a)), and goes to Division One in Phoenix or Division Two in Tucson depending on the county where the superior court sits. Filing the notice does not by itself stop the other side from collecting on the judgment; only a supersedeas bond under A.R.S. 12-2108 and ARCAP 7 stays enforcement. An Arizona small claims judgment cannot be appealed at all: A.R.S. 22-519 makes it final and binding, and the only way to preserve any appeal right is to request transfer out of the small claims division before the hearing. Criminal, administrative-agency, federal-court and interlocutory appeals follow different rules and are outside this page. Attorney review is available before you file.
Key Things to Know
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The notice of appeal is due 30 days after entry of the judgment, not the date of service or notice of entry (ARCAP 9(a)). A timely motion under Civil Procedure Rule 50(b), 52(b), 59(d), 59(a), or Rule 60 (if filed within 15 days after entry) resets the clock for all parties to run from entry of the order disposing of the last such motion, and an appellant whose notice is filed before or during that motion must notify the appellate court of the pending motion, after which the appeal is suspended until the motion is decided (ARCAP 9(e)(1)-(2)).
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The deadline is generally not extendable. ARCAP 9(f) allows the superior court to reopen the appeal time for only 14 days after its order granting a motion to reopen, and only where the moving party did not receive notice of entry within 21 days after entry, the reopening motion is filed within 30 days after the original deadline expired or 7 days after receiving notice of entry, whichever is earlier, and no party would be prejudiced. If a party dies during the appeal period, the personal representative gets 90 days after the death to file (ARCAP 9(d)).
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File the notice with the clerk of the superior court that entered the judgment, not with the Court of Appeals (ARCAP 8(a)). The appeal goes to Division One, which sits in Phoenix and covers Maricopa, Yuma, La Paz, Mohave, Coconino, Yavapai, Navajo and Apache counties, or Division Two, which sits in Tucson and covers Pima, Pinal, Cochise, Santa Cruz, Greenlee, Graham and Gila counties, based on the county of the superior court that entered the judgment.
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ARCAP 8(c) requires the notice to include the case caption and superior court case number, identify the party or parties appealing, designate the judgment or portion appealed from, identify the court appealed to, and be signed by the appealing party or its attorney. The Court of Appeals distributes Form 1, Notice of Appeal to the Arizona Court of Appeals; the rule does not call Form 1 mandatory in so many words, but it is the court's own supplied form, and its instructions say it must be filed in the superior court and a copy given to every other party.
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The superior court clerk must promptly distribute a copy of the filed notice to every party to the judgment (ARCAP 8(h)). A filing fee is required when the notice is filed with the superior court clerk (A.R.S. 12-2107(A)); confirm the current fee with the clerk. A qualifying party may instead file a supporting affidavit for deferral of fees and costs under A.R.S. 12-302.
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No separate cost bond is required to perfect the appeal itself, only the filing fee or a fee waiver. Filing the notice does not stop the other side from collecting the judgment; a stay requires a supersedeas bond under A.R.S. 12-2108 and ARCAP 7, capped at the lesser of the total damages awarded excluding punitive damages, 50% of the appellant's net worth, or $25 million, although the court may require a bond up to the full judgment if the appellee shows by clear and convincing evidence that the appellant is dissipating assets to avoid payment; no bond is required in child custody or spousal maintenance and child support cases.
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A small claims judgment in Arizona cannot be appealed at all; A.R.S. 22-519 makes the hearing officer's or justice of the peace's decision final and binding on both parties, with no appeal and no new trial. The only safeguard is to request, at least ten days before the day of the scheduled hearing, that the case be transferred out of the small claims division into the justice court's regular civil division (A.R.S. 22-504); an ordinary justice court civil judgment reached that way is instead appealed to the superior court on the record, or as a new trial only if the transcript proves insufficient (A.R.S. 22-261).
Key decisions before you file
Before you file a Notice of Appeal in Arizona, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.
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Arizona Requirements for Notice of Appeal
30-Day Deadline Runs From Entry, Not Service
A notice of appeal must be filed within 30 days after entry of the judgment from which the appeal is taken, not the date of service or notice of entry (ARCAP 9(a)).
Post-Judgment Motions Reset the Appeal Clock
A timely motion under Civil Procedure Rule 50(b), 52(b), 59(d), 59(a), or Rule 60 filed within 15 days after entry resets the time to appeal to run from entry of the order disposing of the last such motion, for all parties; an appellant who filed a notice before or during the motion must notify the appellate court of it, and the appeal is then suspended until the motion is decided (ARCAP 9(e)(1)-(2)).
Narrow Rule 9(f) Reopening of Appeal Time
The superior court may reopen the appeal time for only 14 days after an order granting a motion to reopen, and only if the moving party lacked timely notice of entry, the motion to reopen is itself timely, and no party would be prejudiced (ARCAP 9(f)).
Filed With the Superior Court Clerk
The notice of appeal is filed with the clerk of the superior court that entered the judgment, never directly with the Court of Appeals (ARCAP 8(a)).
Division One or Division Two by County
The appeal is heard by Division One, sitting in Phoenix, or Division Two, sitting in Tucson, depending on the county of the superior court that entered the judgment.
Rule 8(c) Content and the Court's Form 1
ARCAP 8(c) requires the caption, case number, identification of the appealing party, the judgment appealed from, the court appealed to, and a signature. The Court of Appeals distributes Form 1 for this filing, though the rule contains no mandatory-use language for it.
Clerk Distributes Copies to Every Party
The superior court clerk must promptly distribute a copy of the filed notice to every party to the judgment (ARCAP 8(h)).
Supersedeas Bond Needed to Stay Enforcement
Filing the notice does not by itself stop collection of the judgment. A stay requires a supersedeas bond under A.R.S. 12-2108 and ARCAP 7, capped at the lesser of the damages awarded excluding punitive damages, 50% of the appellant's net worth, or $25 million, although the court may require a bond up to the full judgment if the appellee shows by clear and convincing evidence that the appellant is dissipating assets to avoid payment.
Small Claims Judgments Cannot Be Appealed
A.R.S. 22-519 makes a small claims decision final and binding with no appeal available; the only safeguard is a pre-hearing transfer request out of the small claims division under A.R.S. 22-504.