Sirlin Law Firm LLC

05/01/2022

04/28/2022

Why File a Post-Trial or Post-Order Arizona Family Law Motion Instead of or In Addition to Filing an Appeal (2022)

Often, parents and spouses who are unhappy with a trial court’s final decisions know that they may seek relief by filing a Notice of Appeal no later than 30 days after those final decisions (“entry of the judgment”).

While a timely Notice of Appeal is required to preserve an appeal, a post-trial/post-order motion may also make sense.

Reasons for filing such a motion vary. For example, if a party committed fraud, informing the trial court might lead to a changed ruling. Another example might be that a change in the law invalidates the ruling. If success is achieved at the trial court level, an appeal may not be needed or may not need to proceed.

Regarding post-trial/post-order motions, some of these motions have deadlines and may affect an appeal.

For example, a “Rule 85” Motion, if filed within 25 days after a final decision, will extend the time to file a Notice of Appeal until final resolution of the motion by the trial court (Rule 9 (e) (1) (E), Arizona Rules of Civil Appellate Procedure). A Notice of Appeal must then be filed within 30 days.
If you have questions about an Arizona family law post-trial/post-order motion and/or appeal, please call Randi S. Sirlin at 602-561-8107 for a free consultation.

08/25/2021

((SL Advertiser)) Sirlin Law Firm can help families with unfavorable results after a trial

08/25/2021

((SL Advertiser)) Sirlin Law Firm can help families with unfavorable results after a trial

02/28/2020

Family Law Appeals and Important Deadlines 2020

The most important thing you need to know if you are unhappy with the judge's decision is the date of the Order. In Arizona, the date of the Order (also known as Decision, Under Advisement Ruling, In Chambers Ruling, Ruling, Minute Entry, and Findings) is the date the Clerk of Court files the document.

This date is usually stamped on the upper right hand corner of the first page of the Order (also known as Decisions, Under Advisement Rulings, In Chambers Rulings, Ruling, Minute Entry and Findings).

In Maricopa County, all parties can register and access the Electronic Record to see the body of any and all documents, including orders, in your case. In Pima County, as of this writing, only attorneys can see the electronic record.

The Electronic Record is usually referred to as "ECR." In Maricopa County it is located at https://ECR.clerkofcourt.maricopa.gov/login/aspx.

Whether you have an attorney or not, keep the exhibits with the green tags which are handed out at the end of the hearing and do not remove the green tags, as these exhibits can be "refiled," as part of your appeal.

Once you know the date of the Order, you need to know the options you have before you file an appeal and what you may want to file in anticipation of filing an appeal.

In order to make arguments in a family law appeal regarding "sufficiency" or "insufficiency" of the evidence, you must file a Rule 83 Motion.

The deadline is 25 days after the date the Clerk of Court enters the Order/Ruling/Findings/Minute Entry.

The deadline to file a Notice of Appeal is 30 days from the date of entry of the "Order" by the Clerk of Court.

Those days include weekend and holidays.

There are other motions which you may want to file and those will be discussed in an upcoming blog. However, only a Rule 83 motion "tolls" the deadline for filing a Notice of Appeal.

The most important thing to do if you are unhappy with the outcome of your trial is to speak to an experienced family law appellate (appeals) attorney as soon as possible because a "Rule 83" Motion may involve review of your entire case and all exhibits; whether they were accepted into evidence or not.

Please call 602-561-8107 and ask to speak to Randi S. Sirlin to set up a consultation. Weekday, evenings and Saturday consultations are available.