Special Actions Policies

Stay Requests

Rules of Procedure for Special Actions Rule 16 provides procedures for stay requests in Special Actions.

To obtain a hearing before the Division One on a motion for stay, each petitioner and respondent must follow the process outlined below.

Requestor

Requestor’s counsel, or requestor (if requestor is not represented by counsel) must file a motion requesting a stay with the Clerk’s Office.

Requestor must coordinate schedules with all parties involved.

Rule 16(g)(2) requires the petitioner to arrange for a stay conference through the Presiding Judge’s chambers.  In Division One, this is done through a shared email box that all Presiding Judge Judicial Assistants have access to and monitor.

Email the Court at  :[email protected] the following information:

• All times between 8:00 a.m. and 5:00 p.m. during the next two business days when counsel for all parties (or parties if they are not represented by counsel) are NOT available for a stay conference, with an explanation for the unavailability.

• The phone number and email address at which counsel for all parties (or parties if parties are not represented by counsel) can be reached.

• A statement affirming requestor requested a stay in the Superior Court.

• A statement confirming whether the Superior Court has granted, denied, or not yet ruled on the stay request. 

Requestor’s counsel (or requestor if requestor is not represented by counsel) must copy respondent or respondent’s counsel on the email.  Once the Court receives the above, the Court will then issue a separate notice setting the date and time for the stay conference.

Appendices 

The petitioner must file an appendix that includes a copy of the decision from which the petition for special action is being taken and all documents in from the superior court record this court will need to decide of the issues raised in the petition.  The Court will not accept links to documents stored elsewhere. All relevant documents must be attached. If feasible, the Court asks filers to file a combined petition and appendices (or response and appendices), with the cover page of the appendices numbered sequentially to the last page of the petition or response.  The appendices should have a table of contents and, if filed electronically, the table of contents should be bookmarked to items in the appendices.  If feasible, when the appendices are combined with the petition or response, the petition or response should contain bookmarks or hyperlinks to items in the appendices whenever these items are cited in the petition/response.  In all cases, references to the record in the petition or response should be to the page number of the appendices.

Screening 

The panel assigned to decide a special action will screen the petition upon its filing.  If the panel determines that a petition is not appropriate for special action review, the panel will issue an order declining to accept jurisdiction of the petition.