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Rule 511. Dismissal of Causes.
(a) Dismissal by Agreement. Whenever the parties, by their attorneys of record, shall file with the clerk of the appellate court an agreement in writing that an appeal or petition be dismissed, specifying the terms with respect to costs, and shall pay to the clerk any fees that may be due the clerk, the clerk shall enter an order of dismissal without further reference to the court.
(b) Dismissal by Appellant or Petitioner. (1) Whenever an appellant or petitioner in the appellate court, by the appellant's or petitioner's attorney of record, shall file with the clerk of that court a motion to dismiss a proceeding to which such appellant or petitioner is a party, with proof of service as prescribed by these rules, and shall tender to the clerk any fees and costs that may be due, the adverse party, within seven days after service thereof, may file an objection, after which time the matter shall be determined by the court.
(2) If no objection is filed, the clerk shall enter an order of dismissal without further reference to the court.
(c) Certification. An agreement or motion for dismissal filed under (a) or (b) of this rule must include a certification that the settlement information required under AS 09.68.130 and (e) of this rule has been submitted to the Alaska Judicial Council or that the case is exempt from this requirement because it is one of the types listed in (e) or because all causes of action accrued before August 7, 1997.
(d) Voluntary Dismissal by Criminal Defendant. A motion or stipulation for the voluntary dismissal of an appeal by a criminal defendant under paragraph (a) or (b) shall not be granted unless the motion or stipulation includes either:
(1) A signed statement by the defendant stating that the defendant understands the consequences of the dismissal and consents to it, or
(2) Explicit certification by counsel for the defendant that counsel has explained the consequences of dismissal to the client and is satisfied that the client understands the consequences of dismissal and consents to it.
(e) [Applicable to causes of action accruing on or after August 7, 1997.] Settlement Information. If a dismissal under (a) or (b) of this rule is the result of a compromise or other settlement between the parties, the parties shall submit to the Alaska Judicial Council the information required under AS 09.68.130. The following types of cases are exempt from this requirement:
(1) divorce and dissolution;
(2) adoption, custody, support, visitation, and emancipation of children;
(3) children-in-need-of-aid cases under AS 47.10 or delinquent minors cases under 47.12;
(4) domestic violence protective orders under AS 18.66.100 - 18.66.180;
(5) estate, guardianship, and trust cases filed under AS 13;
(6) small claims under AS 22.15.040.
(f) Mandate Not Required. No mandate shall issue on a dismissal under this rule or Rule 511.5 without an order of the court. However, the clerk shall notify the court whose judgment was appealed.
(SCO 439 effective November 15, 1980; amended by SCO 510 effective August 30, 1982; by SCO 728 effective December 15, 1986; by SCO 1153 effective July 15, 1994; by SCO 1283 effective September 2, 1997; and by SCO 1301 effective January 15, 1998)
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Last Modified 7/14/1999