A. An appeal may be taken to the court of appeals from the superior court in the following instances:

Terms Used In Arizona Laws 12-2101

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

1. From a final judgment entered in an action or special proceeding commenced in a superior court, or brought into a superior court from any other court, except in actions of forcible entry and detainer when the annual rental value of the property is less than $300.

2. From any special order made after final judgment.

3. From any order affecting a substantial right made in any action when the order in effect determines the action and prevents judgment from which an appeal might be taken.

4. From a final order affecting a substantial right made in a special proceeding or on a summary application in an action after judgment.

5. From an order:

(a) Granting or refusing a new trial or granting a motion in arrest of judgment.

(b) Granting or dissolving an injunction or refusing to grant or dissolve an injunction or appointing a receiver.

(c) Dissolving or refusing to dissolve an attachment or garnishment.

(d) Granting or denying a petition to restore a person‘s right to possess a firearm pursuant to section 13-925.

(e) Granting or denying a motion to dismiss or quash pursuant to section 12-751, unless the court did not find that the moving party established prima facie proof as prescribed in section 12-751, subsection B. The court of appeals shall expedite any appeal filed pursuant to this subdivision unless the court for good cause finds that expedited review is not feasible under the circumstances or a court rule specifically provides otherwise.

6. From an interlocutory judgment that determines the rights of the parties and directs an accounting or other proceeding to determine the amount of the recovery.

7. From an interlocutory judgment in any action for partition that determines the rights and interests of the respective parties and directs partition to be made.

8. From any interlocutory judgment, decree or order made or entered in actions to redeem real or personal property from a mortgage thereof or lien thereon, determining such right to redeem and directing an accounting.

9. From a judgment, decree or order entered in any formal proceedings under title 14.

10. From an order or judgment:

(a) Adjudging a person insane or incompetent or committing a person to the state hospital.

(b) Revoking or refusing to revoke an order or judgment adjudging a person insane or incompetent or restoring or refusing to restore to competency any person who has been declared insane or incompetent.

11. From an order or judgment made and entered on habeas corpus proceedings:

(a) The petitioner may appeal from an order or judgment refusing the petitioner’s discharge.

(b) The officer having the custody of the petitioner, or the county attorney on behalf of the state, from an order or judgment discharging the petitioner whereupon the court may admit the petitioner to bail pending the appeal.

B. If any order or judgment referred to in this section is made or rendered by a judge it is appealable as if made by the court.