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Rule 609. Powers of the Superior Court.
(a) Powers of Superior Court. After notice of appeal to the superior court has been given, the superior court may make such orders as are necessary and proper to aid its appellate jurisdiction.
(b) De Novo Trial. (1) In an appeal from an administrative agency, the superior court may in its discretion grant a trial de novo in whole or in part. If a trial de novo is granted, the action will be considered as having been commenced in that court at the time that the record on appeal is received by the superior court.
(2) All further proceedings in such action are governed by the rules governing procedure in the superior court, except that no summons nor any amended or additional pleadings shall be served unless authorized or required by the court. The hearing or trial of the action shall be upon the record thus filed and upon such evidence as may be produced in the superior court.
(c) Change of Judge as a Matter of Right. (1) Any party to an appeal from an administrative agency to the superior court may peremptorily challenge the judge to whom the appeal is assigned, pursuant to the limitations and procedures in Civil Rule 42(c). The notice of change of judge is timely if filed within five days after notice to the party of the assignment.
(2) No peremptory challenge of the judge to whom an appeal is assigned is allowed in an appeal from the district court to the superior court.
(SCO 439 effective November 15, 1980; amended by SCO 1015 effective January 15, 1990)
NOTE: AS 10.06.633, as enacted by ch. 166, § 1, SLA 1988, amended Appellate Rule 609 by requiring that an appeal from an involuntary dissolution of a corporation be tried de novo by the superior court. AS 10.06.863, as enacted by ch. 166, § 1, SLA 1988, amended Appellate Rule 609 by requiring that an appeal from a revocation from a certificate of authority of a foreign corporation to transaction business in Alaska be tried de novo by the superior court. AS 10.06.915, as enacted by ch. 166, § 1, SLA 1988, amended Appellate Rule 609 by requiring that an appeal from the failure to approve articles of incorporation and certain other administrative decisions be tried de novo by the superior court.
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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
