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Debatable issues include circumstances when the opening brief claims error with supporting authority, it would require significant work to refute the opening brief, or there is “at least grave doubt” about the superior court’s order

¶13 Although our courts have yet to establish a test to determine what constitutes a “debatable issue,” they have found debatable issues exist when: (1) the opening brief claimed error with supporting authority, and it would “require much industry and independent research to refute” the appellant’s position, (2) there is “at least grave doubt” about the superior court’s order, or (3) when an appeal raises novel legal questions, Luna v. Peinado, 1 CA-CV 23-0634 FC, 2024 WL 2207309, at *3, ¶ 17 (A

4 GHARADAGHIAN v. OLIVES Decision of the Court ¶13 The Arizona Supreme Court characterized a debatable question as one requiring “much industry and independent research to refute.”

¶13 The Arizona Supreme Court has characterized a debatable question as one which would “require much industry and independent research to refute.”

Arizona courts have not precisely defined what makes an issue “debatable.” However, the concept includes circumstances when the opening brief claims error with supporting authority, it would require significant work to refute the opening brief, or there is “at least grave doubt” about the superior court’s order

But generally, a debatable issue exists when (1) the opening brief claims error with supporting authority and it would “require much industry and independent research” to refute the appellant’s position, (2) there is “at least grave doubt” about the superior court’s order, –32 (1932); or (3) when an appeal raises novel legal questions, see Luna, 2024 WL 2207309, at *3, ¶ 17 (collecting cases).

¶6 Debatable issues include those that “would require much industry and independent research to refute,” or those raising “at least grave doubt” about the court’s order

Arizona courts have not precisely explained what makes an issue “debatable” but have found such issues when it would require significant work to refute the opening brief, or where the opening brief raises legal issues that courts have not yet resolved or on which there are conflicting legal authorities

While our courts have not established a definitive test for debatable issues, they have found them to exist when: (1) it "would require much industry and independent research to refute [appellant's] position," (2) "there is at least grave doubt" about the superior court's order, –32 (1932); or (3) an appeal raises novel legal questions

152 P. 859 ; Pacific Finance Corp., of Cal.

In November, 1915, , 152 Pac.