Alaska Rules of Appellate Procedure Rule 403.Petitions for Review

Alaska Rules of Appellate Procedure

Rule 403.Petitions for Review— Procedure.

(a) Filing.

(1) Petitions.

(A) A petition for review must be filed with the clerk of the appellate courts within 10 days after the date of notice of the order or decision of which review is sought. Date of notice is defined in Civil Rule 58.1(c) and Criminal Rule 32.3(c). An appellate judge or justice, for good cause shown, may extend the time for filing. The original of the petition must be filed, together with five legible copies, a completed docketing statement in the form prescribed by these rules, and proof of service on the court from whose order the petition is taken and all parties to the action in that court. The party seeking review shall be known as the petitioner. All other parties to the proceeding shall be named as respondents.

(B) The running of the time for filing a petition for review is terminated by a timely motion for reconsideration in the trial court. The full time for a petition for review by any party begins to run again on the date of notice, as defined in Civil Rule 58.1(c) and Criminal Rule 32.3(c), or the date of denial of the motion pursuant to Civil Rule 77(k)(4), whichever is earlier.

(2) Cross-petitions. When a petition is filed under this rule, any other party may file a cross-petition for review of the same order. Cross-petitions must be filed within ten days from service of the petition for review.

(3) Petitions from Multiple Orders. Where orders or decisions arising from different cases or proceedings pending in the same court are sought to be reviewed, and where they involve identical or closely-related questions, a single petition covering all the cases or proceedings may be filed.

(4) Notice to Trial Court. Upon the filing of a petition for review, the clerk of the appellate courts shall promptly notify the judge whose order is sought to be reviewed, and the clerk of the judge's court, informing them of the date and identity of the order sought to be reviewed, the name of the party filing the petition, and the docket number assigned to the petition in the appellate court. The clerk of the appellate courts shall also promptly notify them of the action taken by the appellate court on the petition.

(b) Contents of Petition or Cross-petition.

(1) The petition or cross-petition shall contain a:

[a] Statement of facts necessary to an understanding of the question or questions determined by the order or decision of the trial court;

[b] Statement of the question itself;

[c] Discussion of the reasons, under Rule 402, why review should not be postponed until appeal may be taken from a final judgment:

[d] Discussion of the reasons why the decision below is alleged to be erroneous; and

[e] Statement of the precise relief sought and any reasons why the court should expedite consideration of the petition.

(2) The petition or cross-petition shall not exceed 15 pages in length, exclusive of appendices, and shall include or have annexed thereto:

[a] A copy of the order or decision of which review is sought or a statement of the substance of the order or decision, if it was rendered orally, showing the date of notice as defined in Civil Rule 58.1(c) and Criminal Rule 32.3(c);and

[b] Copies of any findings of fact, conclusions of law and opinions related to the order or decision.

(c) Response. Within ten days after service of the petition or cross-petition, an adverse party may file an original and five copies of the response, together with proof of service. The response shall not exceed 15 pages in length, exclusive of appendices. No reply may be filed by the petitioner unless ordered by the court. A motion to dismiss the petition will not be received. Objections to the exercise of the discretionary power of the court must be included in the response.

(d) Form. Petitions, cross-petitions and responses shall be prepared in accordance with Rule 513.5(b). All attachments must be listed in an index submitted with the attachments.

(e) Inadequacy of the Petition. The failure of the petitioner to include any matter required by subsection (b) of this rule, or otherwise to present briefly and clearly whatever is essential to a ready and adequate understanding of the questions presented for review, will be a sufficient reason for denying the petition.

(f) Consideration by the Court. As soon as practicable, the court will decide whether to grant or deny the petition. Oral argument will not be held on the question of whether the petition should be granted. The order granting a petition will specify any further actions to be required.

(g) Denial of Petition. If the petition is denied, no mandate shall be issued: the clerk shall furnish a copy of the order denying review to the clerk of the trial court involved. A petition for rehearing of the denial of a petition for review may not be filed.

(h) Petitions for Sentence Review.

(1) Except as provided in (h)(2), a defendant seeking relief from a sentence under Appellate Rule 215(a)(2) must file a notice of intent to file a petition for sentence review no later than 10 days after the date shown in the clerk's certificate of distribution on the written judgment. If the defendant is indigent, a request for preparation of a transcript of the sentencing proceeding must accompany the notice. The petition itself must be filed no later than 45 days after the date shown in the clerk's certificate of distribution on the written judgement or, if the court is preparing the transcript, no later than 15 days after service of the transcript on the petitioner. The following items must be filed with the petition:

(A) copies of all charging documents;

(B) a copy of the judgment being appealed;

(D) copies of all reports, documents, motions and memoranda pertaining to sentencing which were available to the sentencing court.

(2) If the defendant is filing a combined petition and appeal under Appellate Rule 215(j), a notice of intent to file a petition is not required. Instead, the procedure for perfecting the appeal shall govern, as provided by Rule 215(j).

(3) Paragraphs (e), (h), and (i) of Appellate Rule 215 apply to petitions for sentence review. Appellate Rule 215(d) also applies, except, if the defendant is proceeding under subparagraph (h)(1) of this rule, the notice of intent to terminate must be filed within 30 days after filing of the notice of intent to file a petition for sentence review.

(SCO 439 effective November 15, 1980; amended by SCO 492 effective January 4, 1982; by SCO 554 effective April 4, 1983; by SCO 584 effective February 1, 1984; by SCO 724 effective December 15, 1986; by SCO 725 effective December 15, 1986; by SCO 796 effective March 15, 1987; by SCO 852 effective January 15, 1988; by SCO 996 effective January 15, 1990; by SCO 1023 effective July 15, 1990; by SCO 1092 effective July 15, 1992; by SCO 1153 effective July 15, 1994; by SCO 1212 effective July 15, 1995; by SCO 1226 effective January 22, 1996; and by SCO 1271 effective July 15, 1997)

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