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Rule 502. Time-Computation and Extension.
(a) Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day which is neither Saturday, Sunday nor a holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and holidays shall be excluded in the computation. A half holiday shall be considered as other days and not as a holiday.
(b) Extensions of Time. When by these rules or by a notice given thereunder or by order of the appellate court an act is required or allowed to be done at or within a specified time, the appellate court may in its discretion, either on motion of a party, showing good cause, or sua sponte:
(1) Extend the time period, either before or after its expiration or
(2) Validate an act done after the expiration of the time period.
Motions to extend a time period, or to validate an act done after the expiration of the time period, must comply with Rule 503. Time periods specified in the Appellate Rules, including time periods for doing an act or filing a document in the trial court, may be extended only by the appellate courts and not by the trial court. In a matter requesting review of or appealing a criminal conviction or sentence, this rule does not authorize an appellate court, or the superior court acting as an intermediate appellate court, to validate the filing of a notice of appeal, petition for review, or petition for hearing more than 60 days after the expiration of the time specified in the rule or statute or in the last extension of time previously granted.
(c) Additional Time After Service by Mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail, three days shall be added to the prescribed period. This paragraph does not extend any time period calculated from a date under Civil Rule 58.1 or Criminal Rule 32.3.
(d) Mailing of Papers for Filing. Papers may be filed either by delivering them to the office of the clerk of the appellate courts in Anchorage, Fairbanks, or Juneau or by mailing them to: Clerk of the Appellate Courts, 303 K Street, Anchorage, Alaska 99501. The date of mailing, as shown by the postmark or other proof from the post office, will be deemed to be the date of filing. A postmark date from a privately owned postage meter will not suffice as proof of the date of mailing and papers postmarked in this manner will be deemed filed on the date of receipt by the clerk.
(SCO 439 effective November 15, 1980; amended by SCO 554 effective April 4, 1983; by SCO 1153 effective July 15, 1994; by SCO 1155 effective July 15, 1994; and by SCO 1341 effective September 10, 1998)
Note to SCO 1341: Appellate Rule 502(b) was amended by ยง 10 ch. 95 SLA 1998 to prohibit the court from allowing an appeal or request for review of a criminal conviction or sentence to be filed more than 60 days after the expiration of the time specified in the rule or statute or in the last extension of time previously granted. Section 1 of this order is adopted for the sole reason that the legislature has mandated the amendment.
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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
