Rule 12. Factors for Accepting or Declining Jurisdiction of Appellate Special Actions

(a) Discretion. Whether to accept jurisdiction of an appellate special action is within the court's discretion, unless a statute or an order requires the court to accept jurisdiction. In accepting or declining jurisdiction, the court is determining whether remedy by appeal is equally plain, speedy, and adequate. (b) Factors That Support Accepting Jurisdiction. In deciding whether to accept jurisdiction, the court should consider, among other factors, whether the petition asks the court to resolve questions: (1) designated for review under Rule 13; (2) of legal or evidentiary privileges or of immunity from suit; (3) of first impression; (4) of statewide importance; (5) tending to evade review, including questions that may become moot before an appeal; (6) involving the welfare of children where the harm complained of can only be prevented by resolution before an appeal; (7) the resolution of which will materially advance the efficient management of the case, other than issues presented by ordinary dispositive motion practice; or (8) concerning a decision that cannot be justified under any rule of law. These factors support but do not require accepting jurisdiction. (c) Factors That Support Declining Jurisdiction. In deciding whether to accept jurisdiction, the court should also consider, among other factors, whether the petitioner unreasonably delayed in filing the petition, or whether the petition asks the court to resolve questions: (1) of fact; (2) resolved under Rules 12(b)(6), 12(c), or 56 of the Rules of Civil Procedure, or Rules 29(a)(6) or 79 of the Rules of Family Law Procedure; (3) clearly resolved by settled law; (4) equally appropriate to address by appeal; or (5) the resolution of which will not materially advance the efficient management of the case. These factors support but do not require declining jurisdiction.