Alaska Rules of Appellate Procedure

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Rule 408.Transfer of Appellate Cases.

(a) When the supreme court transfers a case to the court of appeals pursuant to AS 22.05.015(a), the clerk shall serve a copy of the transfer order on all parties. The court of appeals or the clerk shall thereupon advise the parties of the course of proceedings to be followed in the court of appeals.

(b) When the court of appeals certifies to the supreme court that a case should be decided by the supreme court, pursuant to AS 22.05.015(b), a copy of the certificate, and of the order of the supreme court accepting or rejecting it, shall be served on all parties. Unless the supreme court orders to the contrary, pleadings from the parties addressing the question whether or not the supreme court should accept the certificate, will not be received. Requests that the court of appeals issue such a certificate should be addressed to the court of appeals, must be accompanied by proof of service on all parties, and must state clearly and concisely why the case fits within the statutory standards. The court of appeals may in its discretion request responses from the other parties. A decision of the court of appeals refusing to issue such a certificate may not be the subject of a petition for hearing in the supreme court.

(c) When a case is transferred between appellate courts pursuant to AS 22.05.015(c), the transferring court or the clerk shall advise the parties of the reasons for the transfer, and the transferee court or the clerk shall advise the parties of the course of proceedings which will be followed in the transferee court.

(SCO 439 effective November 15, 1980)

PART V. GENERAL PROCEDURES

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