The proposed bill, if enacted, would amend Arizona Revised Statutes Title 12, Chapter 1, Article 1.2 by adding Section 12-120.25, which establishes a formal process for parties to seek a rehearing en banc in the Arizona Court of Appeals. This new section allows a party to file a petition for rehearing en banc, which must include a statement that the panel's decision conflicts with a prior decision of the court, along with citations to the conflicting cases. The bill specifies that a majority of active appellate judges may order a rehearing en banc without the need for a vote unless a judge calls for one, and emphasizes that such rehearings are not favored unless the criteria outlined in the bill are met.
Additionally, the bill maintains the current requirement that any petition for rehearing en banc must be filed within fourteen days after a judgment is entered. If granted, the court has the discretion to dispose of the case without further briefing or argument, order additional briefing or argument, or issue any other appropriate order. This update aims to enhance the uniformity of court decisions and streamline the rehearing process in the appellate system.
Statutes affected: Introduced Version: 32-1299.25
House Engrossed Version: 12-120.25