Alaska Rules of Appellate Procedure Rule 303.Procedure on Petition for Hearing.

Alaska Rules of Appellate Procedure

Rule 303.Procedure on Petition for Hearing.

(a) Filing.

(1) A petition for hearing must be filed within 15 days after the date of notice of the opinion, order, or memorandum opinion and judgment of the intermediate appellate court. Date of notice is defined in Civil Rule 58.1(c) and Criminal Rule 32.3(c). The original of the petition shall be filed, together with eight complete copies, a completed docketing statement in the form prescribed by these rules, and proof of service.

(2) If a timely petition for rehearing is filed in the intermediate appellate court the full 15-day period for filing a petition for hearing begins to run upon the date of notice of the final order of the intermediate appellate court resolving the matter on rehearing. Date of notice is defined in Civil Rule 58.1(c) and Criminal Rule 32.3(c). Any petition for hearing filed prior to that time will not be entertained.

(3) Cross-Petitions. When a petition is filed any other party may file and serve a cross-petition for hearing within fifteen days after service of the petition. Otherwise, the provisions of this rule referring to petitions for hearing also apply to cross-petitions for hearing.

(b) Format, Length and Contents. The petition for hearing shall be in the format prescribed by Rule 513.5 (b), shall not exceed fifteen pages in length, excluding the decision of the intermediate appellate court, and shall contain in the following order:

(1) A caption identifying the party filing the petition as the petitioner, and all other parties to the action in the intermediate appellate court as respondents;

(2) A prayer for review;

(3) A short statement of facts relevant to the appeal, but facts correctly stated in the opinion of the intermediate appellate court should not be restated;

(4) A statement of the points relied on for reversal of the decision of the intermediate appellate court, including appropriate authorities;

(5) A statement of concrete reasons, apart from those asserted for reversal, explaining why the issues presented have importance beyond the particular case and require decision by the court of discretionary review, and referring to specific paragraphs of Rule 304; and

(6) A complete copy of the opinion, memorandum opinion and judgment, or order of the intermediate appellate court.

(c) Response. Within 15 days after service any other party to the proceeding in the intermediate appellate court may file an original and five copies of a response. The response shall not exceed fifteen pages in length. Motions to dismiss a petition for hearing will not be received: all objections to exercise of the discretionary power shall be contained in the response. The party filing a petition for hearing may not file a reply to the response without leave of the court of discretionary review. Consideration of the petition for hearing will not be delayed on account of the filing of a motion for leave to file a reply. Oral argument will not be held on the question whether a petition for hearing should be granted.

(d) Extensions of Time. The time periods in this rule may be extended only by the court of discretionaryreview or a justice or judge thereof. They may not be extended by the intermediate appellate court or a judge thereof. Motions for extension of time may be determined by the clerk in the circumstances permitted by Rule 503(e). Motions for extensions of time shall comply with Rule 503.

(e) Petition for Rehearing. A petition for rehearing may not be filed in connection with the grant or the denial of a petition for hearing.

(SCO 439 effective November 15, 1980: amended by SCO 554 effective April 4, 1983: by SCO 582 effective February 1, 1984; by SCO 584 effective February 1, 1984; by SCO 770 effective March 15, 1987; by SCO 1133 effective July 15, 1993; and by SCO 1212 effective July 15, 1995)

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