Alaska Rules of Appellate Procedure Rule 302.Petition for Hearing

Alaska Rules of Appellate Procedure

Rule 302.Petition for Hearing—When Permitted.

(a) From the Court of Appeals.

(1) A petition for hearing may be filed in the supreme court with respect to any final decision of the court of appeals, as defined in AS 22.07.030. "Final decision" includes any dismissal by consent of all parties, which closes a matter in the court of appeals, whether or not it contemplates further proceedings in a trial court. "Final decision" alsoincludes a decision of the court of appeals made under Rules 206 or 207. Unless specified otherwise in the particular order in question, it includes but is not limited to, opinions, memorandum opinion and judgments, orders denying petitions for review, orders denying petitions for hearing filed under AS 22.07.020(e), dismissals on motions of the appellee or respondent, and sua sponte dismissals pursuant to Rule 511.5 or another rule.

(2) When a petition for hearing is filed under this subsection, for purposes of Part Three the supreme court is the "court of discretionary review," the court of appeals is the "intermediate appellate court," and the court which entered the judgment which was appealed to the intermediate appellate court is the "trial court."

(b) From the Superior Court. (1) A petition for hearing may be filed in the appellate court having statutory jurisdiction, with respect to any final decision of the superior court on an appeal or petition for review from the district court. "Final decision" is defined in AS 22.07.020(e) and includes any decision or order of the superior court, other than a dismissal by consent of all parties, which closes the matter in the superior court, whether or not it contemplates further proceedings in the district court or before an administrative agency. Unless specified otherwise in the particular order in question, it includes but is not limited to, opinion, memorandum opinion and judgments, order denying petitions for the review, dismissals on motion of the appellee or respondent, and sua sponte dismissals pursuant to Rule 511.5 or another rule.

(2) When a petition for hearing is filed under this subsection, for purposes of Part Three the court in which the petition is filed is the "court of discretionary review," the superior court is the "intermediate appellate court," and the district court is the "trial court."

(SCO 439 effective November 15, 1980; amended by SCO 493 effective January 4, 1982; by SCO 510 effective August 30, 1982; by SCO 989 effective January 15, 1990; and by SCO 1022 effective July 15, 1990)

Note:
There were a number of changes to the court rules made by the Alaska Legislature, but are not included because they did not make the publication deadline. Some of these changes are significant. The Legislative Changes to Rules of Court. should be consulted in order to obtain these changes.

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Last Modified 9/7/97