ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

 

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2040: technical correction; informed consent

S/E: en banc determination; rehearing

Sponsor: Representative Kolodin, LD 3

Committee on Judiciary

Overview

Allows parties in the Arizona Court of Appeals to seek a rehearing en banc under specific conditions, requiring a petition citing conflicting case law and approval by a majority of active appellate judges.

History

In Arizona's court system, above the general-jurisdiction Superior Court of Arizona (commonly called the trial court) is the Court of Appeals. On appeal, an appellate case is not heard en banc — a French phrase meaning on the bench — by all the judges in the Court of Appeals; instead, appealed cases are heard by a panel of three judges selected from the full Court of Appeals. Currently, the Court of Appeals has 19 judges in its Phoenix Division, and 9 judges in its Tucson Division (AZ Courts, How Arizona Courts are Organized).

Provisions

1.   Permits a party to seek a rehearing of a decision through a Petition for Rehearing En Banc. (Sec. 1)

2.   Mandates that the petition must:

a)   begin with a statement that the panel’s decision conflicts with a prior decision of the court to which the petition is directed;

b)   cite the conflicting cases; and

c) assert that the full court’s consideration is necessary to maintain the uniformity of the court's decisions. (Sec. 1)

3.   Allows the petition to be granted by order of a majority of the appellate judges who are in regular active service. (Sec. 1)

4.   Specifies that judges do not need to call for a vote upon receiving a petition. (Sec. 1)

5.   Asserts that a rehearing en banc, is not favored and is only allowed if the criteria of this Act are met. (Sec. 1)

6.   Requires a petition to be filed within 14 days after judgement is entered. (Sec. 1)

7.   Permits the court to do any of the following if the rehearing en banc is granted:

a)   dispose of the case without further briefing or argument;

b)   order additional briefing or argument; and

c) issue any other appropriate order. (Sec. 1)

d)    

e)    

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g)                           HB 2040

h)   Initials NM    Page 0 Judiciary

i)  

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