Copyright © 1997 Touch N' Go Systems, Inc. All Rights Reserved. No claim made to official government works.
Copyright © 1997 Touch N' Go Systems, Inc. All Rights Reserved. No claim made to official government works.
Rule 217.Appeals from District Court.
(a) This rule applies to proceedings in the Court of Appeals in direct appeals from judgments of the District Court under AS 22.07.020(c), and in such appeals supersedes the other appellate rules to the extent that they may be inconsistent with this rule. This rule does not apply to sentence appeals, which are governed by Rule 215, or to appeals from the District Court to the Superior Court, which are governed by Part Six of these rules.
(b) The notice of appeal shall be filed with the clerk of the appellate courts within 15 days after the date shown in the clerk's certificate of distribution on the judgment being appealed. The provisions of Appellate Rule 204(a)(4) shall apply to appeals from the district court. The notice of appeal shall be accompanied by the items specified in Appellate Rule 204(b)[1]-[4] and [7] and a designation of the parts of the electronic record that are essential to a determination of the issues on appeal. The designation (and any counterdesignation) must comply with Rule 210(b)(1)(B).
(c) Unless otherwise ordered by the court of appeals, the record on appeal shall consist of the entire district court file, together with cassette recordings of the parts of the electronic record designated by the parties. Written transcripts may not be prepared except by order of the court of appeals. The papers in the record on appeal need not be numbered at the bottom consecutively. The clerk of the trial courts shall complete the preparation of the record on appeal within fifteen days from the date of filing the notice of appeal. Appellate Rule 210(c) shall not apply.
(d) The appellant's brief shall be served and filed within 20 days after notice of the certification of the record has been served. The appellee's brief shall be served and filed within 20 days after service of the brief of the appellant. The appellant may serve and file a reply brief within 10 days after the service of the brief of the appellee.
(e) Unless otherwise ordered by the Court of Appeals on its own motion, exclusive of appendices, the appellant's and appellee's briefs may not exceed 20 numbered pages each. The appellant's reply brief may not exceed 10 pages.
(f) In lieu of filing a brief, any party may instead serve and file a notice that the party wishes to submit the case for decision based on the legal memoranda filed in the District Court, without further briefing. An election by one party to submit the case without filing a brief does not obligate any other party to do so. If the appellee files a brief, the appellant may file a reply brief.
The Court of Appeals may, however, require a brief to be submitted by a party who has filed a notice under this paragraph if it appears that the issues raised on appeal are unclear, that the legal memoranda filed in the District Court are inadequate, or that submission of formal briefs would otherwise facilitate disposition of the appeal or serve the interests of justice.
(g) Except as provided in paragraphs (d) and (e) of this rule, briefs shall be prepared, served, filed, and duplicated in the manner prescribed by Rule 212.
(h) Oral argument, if timely requested under Rule 213(a), shall be limited to 15 minutes per side, unless otherwise ordered by the Court of Appeals on its own motion. A party may request oral argument whether the party has filed a brief or a notice under paragraph (f).
(SCO 481 effective September 8, 1981; amended by SCO 511 effective August 18, 1982; by SCO 554 effective April 4, 1983; by SCO 781 effective March 15, 1987; by SCO 928 effective January 15, 1989; by SCO 1153 effective July 15, 1994; by SCO 1155 effective July 15, 1994; and by SCO 1234 effective July 15, 1996)
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Copyright 1997 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 9/7/97