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(a) Scope. This rule applies to the following classes of appeals, and supersedes the other appellate rules to the extent that they may be inconsistent with this rule:
(1) Extradition appeals;
(2) Peremptory challenge appeals.
(b) Definitions.
(1) An appeal from an order of the superior court granting or denying an application for a writ of habeas corpus filed under AS 12.70.090 by a person arrested on a governor's warrant under the Uniform Criminal Extradition Act, is an "extradition appeal." An appeal from any other final judgment of the superior court relating to the extradition of a person charged in this state or elsewhere with a crime is also an "extradition appeal," except that any appeal from a final judgment convicting a person of a crime is not an "extradition appeal."
(2) A "peremptory challenge appeal" is an appeal by a criminal defendant from an order denying the defendant's motion for change of judge under Criminal Rule 25(d).
(c) Jurisdictional Limitation. This rule does not permit an appeal to be taken in any circumstances in which an appeal would not be permitted by Rule 202.
(d) Notice of Appeal.
(1) A notice of appeal under this rule shall be filed with the clerk of the appellate courts within 10 days after the date shown in the clerk's certificate of distribution on the order or judgment. The notice of appeal shall be accompanied by the items specified in Appellate Rule 204(b)[1]-[4] and [7].
(2) The notice must indicate that the appeal is being filed pursuant to this rule, but the court of appeals will apply this rule to cases within its scope whether they are so identified or not.
(e) Record on Appeal. The entire superior court file shall serve as the record on appeal, together with a cassette tape recording of any hearing held in superior court if deemed necessary by the court of appeals. The papers in the record on appeal need not be numbered at the bottom consecutively. Promptly upon the filing of the appellee's memorandum, the clerk of the trial courts shall transmit the original and copies of the record to the clerk of the appellate courts in the same manner as for other appeals. Appellate Rule 210(c) shall not apply.
(f) Memoranda on Appeal.
(1) Within 10 days after filing a notice of appeal in an appeal under this rule, the appellant shall file with the court of appeals the original and three copies of a typewritten memorandum in support of the appeal together with proof of service on all other parties.
(2) Within 10 days after service of the appellant's memorandum, the appellee may file with the court of appeals the original and three copies of a typewritten memorandum in opposition to the appeal.
(3) No reply memorandum may be filed unless ordered by the court.
(4) The memoranda need not comply with the requirements of Rule 212 unless ordered by the court of appeals.
(5) The clerk of the appellate courts shall forthwith duplicate copies of the memoranda for use of the court.
(g) Disposition of Appeals. Appeals under this rule will be disposed of expeditiously by the court of appeals on the record and memoranda. Oral argument, if timely requested no later than ten days after the date on which the appellee's memorandum is due, will be scheduled on an expedited basis. The order and length of oral argument is as provided in Rule 213(b) and Rule 505(e).
(SCO 439 effective November 15, 1980; amended by SCO 511 effective August 18, 1982; by SCO 554 effective April 4, 1983; by SCO 575 effective February 1, 1984; by SCO 827 effective August 1, 1987; by SCO 828 effective August 1, 1987; by SCO 926 effective January 15, 1989; by SCO 928 effective January 15, 1989; and by SCO 1155 effective July 15, 1994)
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999