Alaska Rules of Appellate Procedure

Copyright © 1997 Touch N' Go Systems, Inc. All Rights Reserved. No claim made to official government works.


Rule 304.Grounds for Granting Petition for Hearing.

The granting of a petition for hearing is not a matter of right, but is within the discretion of the court of discretionary review. The following, while neither controlling nor fully measuring that court's discretion, indicates the character of reasons which will be considered:

(a) The decision of the intermediate appellate court is in conflict with a decision of the Supreme Court of the United States or the supreme court of the state of Alaska, or with another decision of the court of appeals.

(b) The intermediate appellate court has decided a significant question concerning the interpretation of the Constitution of the United States or the Constitution of Alaska, which question has not previously been decided by the Supreme Court of the United States or the supreme court of the state of Alaska.

(c) The intermediate appellate court has decided a significant question of law, having substantial public importance to others than the parties to the present case, which question has not previously been decided by the supreme court of the state of Alaska.

(d) Under the circumstances, the exercise of the supervisory authority of the court of discretionary review over the other courts of the state would be likely to have significant consequences to others than the parties to the present case, and appears reasonably necessary to further the administration of justice.

(SCO 439 effective November 15, 1980)

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.
These are the 1997-1998 version of the Court Rules supplied electronically by the Alaska Court System and automatically converted to HTML (Hyper-Text Markup Language). Every effort has been made to ensure their accuracy, but neither Touch N' Go Systems, Inc., The Alaska Legal Resource Center, nor the Law Offices of James B. Gottstein are responsible for their accuracy or for any damages arising out of any possible inaccuracy. If any mistakes are found, please let us know at one of the addresses listed below.

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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