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House Engrossed
technical correction; informed consent (now: en banc determination; rehearing) |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HOUSE BILL 2040 |
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An Act
amending title 12, chapter 1, ARTICLE 1.2, Arizona Revised Statutes, by adding section 12-120.25; relating to courts of record.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 1, article 1.2, Arizona Revised Statutes, is amended by adding section 12-120.25, to read:
12-120.25. Panel rehearing; en banc determination
A. A party may seek rehearing of a decision through a petition for rehearing en banc.
B. A petition for rehearing en banc must begin with a statement that the panel decision conflicts with a decision of the court to which the petition is addressed, with citation to the conflicting case or cases, and the full court's consideration is therefore necessary to secure or maintain uniformity of the court's decisions.
c. On their own or in response to a party's petition, a majority of the appellate judges who are in regular active service and who are not disqualified may order that an appeal or other proceeding be reheard en banc. Unless a judge calls for a vote, a vote need not be taken to determine whether the case will be so reheard. Rehearing en banc is not favored and ordinarily will be allowed only if the criteria in subsection B of this section are met.
D. any petition for rehearing en banc must be filed within fourteen days after judgment is entered or, if the panel later amends its decision, on rehearing or otherwise, within fourteen days after the amended decision is entered.
E. If a petition for rehearing en banc is granted, the court may do any of the following:
1. dispose of the case without further briefing or argument.
2. order additional briefing or argument.