Arizona: Supreme Court citation practice | Citation rule(s)

Examples from Ry-Tan Constr., Inc. v. Wash. Elem. Sch. Dist. No. 6, 210 Ariz. 419, 111 P.3d 1019 (2005)

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¶17 Section 27 of the Restatement (Second) of Contracts provides that:

Manifestations of assent that are in themselves sufficient to conclude a contract will not be prevented from so operating by the fact that the parties also manifest an intention to prepare and adopt a written memorial thereof; but the circumstances may show that the agreements are preliminary negotiations.

Restatement (Second) of Contracts § 27 (1981). In support of the proposition that Arizona has adopted this section, the court refers to three recent decisions of the court of appeals. See Tabler v. Indus. Comm'n, 202 Ariz. 518, 521 ¶10, 47 P.3d 1156, 1159 (App. 2002); Johnson Int'l, Inc. v. City of Phoenix, 192 Ariz. 466, 470-71 ¶26, 967 P.2d 607, 611-12 (App. 1998); AROK Constr. Co. v. Indian Constr. Servs., 174 Ariz. 291, 297, 848 P.2d 870, 876 (App. 1993).

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¶19 Ry-Tan also argues that the Arizona School District Procurement Code (the Code), Ariz. Admin. Code (A.A.C.) R7-2-1001 to R7-2-1195, dramatically altered the landscape of school procurement contracts and effectively displaced the common law rule of Covington. The state board of education adopted the Code in 1987 pursuant to legislative authority. A.R.S. § 15-213.J (Supp. 2004). By its terms, the Code governs the "expenditure of public monies" for a school district's procurement of "construction, materials and services." A.A.C. R7-2-1002.A.

¶20 The legislature, of course, can modify or abrogate the common law. To do so, however, it must express its intent clearly and, "absent a clear manifestation of legislative intent to abrogate the common law, we interpret statutes with every intendment in favor of consistency with the common law." Pleak v. Entrada Prop. Owners' Ass'n, 207 Ariz. 418, 422 ¶12, 87 P.3d 831, 835 (2004) (citation omitted).

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Ariz. R. Civ. App. P. 13(a),

Rule 13. Briefs

(a) Brief of the Appellant.

The brief of the appellant shall concisely and clearly set forth under the appropriate headings and in the order here indicated:

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2. A table of citations, which shall alphabetically arrange and index the cases, statutes and other authorities cited, with references to the pages of the brief on which they are cited.

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6. An argument which shall contain the contentions of the appellant with respect to the issues presented, and the reasons therefor, with citations to the authorities, statutes and parts of the record relied on. The argument may include a summary. With respect to each contention raised on appeal, the proper standard of review on appeal shall be identified, with citations to relevant authority, at the outset of the discussion of that contention. Citation of authorities shall be to the volume and page number of the official reports and also when possible to the unofficial reporters.

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(d) Reproduction of Constitutional Provisions, Statutes, Rules, Regulations and Instructions: the Appendix.

1. If determination of the issues presented requires the study of constitutional provisions, rules, statutes, regulations or instructions given or refused, the relevant parts of any of the foregoing shall be reproduced in the brief or in an appendix to the brief. An appendix may include additional items of the record, as provided in Rule 11(a)(3). An appendix may include extended quotations from cases and authorities where such quotations are required for proper presentation of the issues.

2. If an appendix is included, it shall be separated from the main body of a brief filed in hard copy by a blank page of distinctive color. It shall be numbered with arabic numerals, and it shall not constitute a part of the brief for the purpose of determining length under Rule 14(b). If the brief is filed electronically, and if the appendix contains multiple documents, such documents shall be electronically bookmarked in the appendices' table of contents.

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Note: Similar provisions appear in the rules of criminal procedure. Ariz. R. Crim. P. 31.13(c)(1).