Alaska Rules of Appellate Procedure Rule 503.Motions.

Alaska Rules of Appellate Procedure

Rule 503.Motions.

(a) General. An application for relief of any kind from either appellate court ancillary to a case in that court shall be made by written motion. A stipulation is not sufficient.

(b) Format. A motion filed in the appellate courts must be in the form prescribed by Rule 513.5(b). The motion must include:

(1) A brief, complete statement of the reasons in support of the motion;

(2) An affidavit where the facts relating to the motion are not otherwise proven;

(3) If the motion is for an extension of a time period prescribed in these rules, a statement of each extension of that time period previously granted to that party, indicating the length of each extension;

(4) The points and authorities on which the moving party relies; and

(5) An appropriate order for execution by the court should the motion be granted.

(c) Filing and Service. The original of all motions and responses must be filed with the clerk, together with proof of service on all other parties. The following copies must be submitted with the original:

(1) five copies of a motion that must be decided by the full supreme court pursuant to Appellate Rule 503(g) or a response to such motion;

(2) three copies of a motion that must be decided by the full court of appeals pursuant to Appellate Rule 503(g) or a response to such motion;

(3) two copies of all other motions or responses.

(d) Opposition to Motion — Disposition. Adverse parties have seven days after service of a motion within which to file and serve memoranda in opposition, counter motions and affidavits. As soon as practical after expiration of the seven-day period, the motion will be considered. A reply memorandum may not be filed by the moving party unless otherwise ordered. Oral argument will not be heard on motions unless otherwise ordered. If a motion is decided before expiration of the time for opposition, the filing of a timely opposition requires that the motion be considered de novo.

(e) Motions Determined by the Clerk. Routine, unopposed motions may be ruled upon by the clerk without reference to the court or a judge or justice. Motions for extensions of time for filing briefs may be ruled upon by the clerk pursuant to Appellate Rule 503.5. A party who is aggrieved by the decision of the clerk on a motion may file a motion for reconsideration of the clerk's order, which motion will be determined by an individual justice or judge. The clerk may not determine a motion to extend the time for filing a notice of appeal, petition for review, petition for rehearing, or petition for hearing. The clerk may not determine a motion for extension of time to file a document if the time period specified in these rules for filing the document, including any previous extensions, has already expired when the motion is filed.

(f) Motions Determined by an Individual Justice or Judge. Any motion which would not have the effect of determining the merits of a proceeding, and which is not appropriate for determination by the clerk, may be determinedby an individual justice or judge without reference to the full court. Motions shall be referred to justices and judges by the clerk under the direction of the court. A justice or judge has the discretion to refer such a motion for decision by the full court.

(g) Motions Determined by Full Court. A motion which would have the effect of determining the merits of a proceeding, a motion for reconsideration of an order entered by an individual justice or judge, or a motion referred to the full court by a justice or judge, shall be considered by the full court. An individual justice or judge may, in connection with such a motion, enter such orders as may be necessary to prevent irreparable harm prior to the time that the full court is able to consider the motion.

(h) Motions for Reconsideration. A party who is aggrieved by an order on a motion may move for reconsideration of the order. A motion for reconsideration must be filed within ten days after the date of notice of the order, as defined in Civil Rule 58.1(c) and Criminal Rule 32.3(c). No response may be made to a motion for reconsideration of an order entered by the full court unless requested by the court, but a motion for reconsideration will ordinarily not be granted in the absence of such a request.

(SCO 439 effective November 15, 1980; amended by SCO 516 effective October 1, 1982; by SCO 561, effective May 2, 1983; by SCO 584 effective February 1, 1984; by SCO 827 effective August 1, 1987; by SCO 869 effective July 15, 1988; by SCO 870 effective July 15, 1988; by SCO 1153 effective July 15, 1994; by SCO 1166 effective July 15, 1994; and by SCO 1167 effective July 15, 1994)

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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Last Modified 9/7/97