Jump to content
Sign in to follow this  
GaryLee

AZ filing motion of reconsideration in Court of Appeals. Please clarify the points of Rule 31.18b,c and e.

Recommended Posts

AZ filing motion of reconsideration in Court of Appeals.  Please clarify the points of Rule 31.18b,c and e.

 31.18 b.The motion shall not be amended except by leave of court.
 

What does this mean?

 c. Response. No response to a motion for reconsideration will be filed unless requested by the court, but a motion for reconsideration will not be granted in the absence of such a request.
Is this a miss print? 

 

Is it meant that;... a motion for reconsideration will be granted in the absence of such a request?  Or is it an awkward emphasis that   a motion for reconsideration will be filed when  requested by the court?

 e. Motions Not Permitted. Unless permitted by specific order of the appellate court.

Isn’t this a direct conflict of interest?  Why would the appellate court approve a motion for reconsideration that points out how the court screwed up?  The only benefit is the defendant not the appellate court.  So why should the appellate court grant a request for  that   a motion for reconsideration ?
 

Share this post


Link to post
Share on other sites

C means that the court will not grant the motion without having requested a response from the state.  In other words, it won't be granted summarily without the other side being heard.  E says you can't file a motion to ask the court to reconsider its denial of a motion to reconsideration or a denial of a petition for review or a denial by the court to accept jurisdiction. 

Share this post


Link to post
Share on other sites

What the court is saying is:

 

We won't grant a motion for reconsideration unless we ask for a response.

 

And we won't ask for a response because we aren't going to grant motions for reconsideration anyway.

 

If you don't like the appellate court's decision you appeal to the Arizona Supreme Court which is the state's court of last resort.

 

Frankly, though, if you lost in the Court of Appeals, you're probably done.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...