HB 2040
Initials NM Page 1 Judiciary
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
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)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note