Alaska Rules of Appellate Procedure Rule 504.Emergency Motions.

Alaska Rules of Appellate Procedure

Rule 504.Emergency Motions.

Whenever a party requests expedited action on a motion on the ground that, to avoid irreparable harm, relief is needed in less time than would normally be required for the court to receive and consider a response:

(a) The motion shall comply with Appellate Rule 503(b)* except as that rule may be specifically inconsistent with this one;

(b) The word "Emergency" shall be placed at the top of the first page of the motion;

(d) The motion shall be accompanied by a written statement of facts showing the nature of the emergency and the date and hour before which a decision is needed;

(e) The motion shall state whether all grounds advanced in support thereof were submitted to the trial court and, if not, why the motion should not be remanded to the trial court for reconsideration;

(f) The motion shall be accompanied by a written statement by the movant or the movant's attorney, indicating when and how opposing counsel was notified of the motion, or, if opposing counsel was not notified, indicating what efforts were made to notify opposing counsel and why it was not practicable to notify opposing counsel in a manner and at a time that counsel could respond to the motion;

(g) The court will not grant the motion prior to written or oral notice to opposing counsel unless it clearly appears from specific facts in the motion papers or the court records that immediate and irreparable injury, loss or damage would result to the applicant before notice could be given and opposing counsel given a reasonable opportunity to respond.

If an emergency motion is granted without notice to opposing counsel and opposing counsel thereafter files a motion to vacate or reconsider the order thus entered, the court will take into account the fact that the original order was entered without notice.

If it appears appropriate in the circumstances, the court or the judge or justice to whom the matter is assigned may permit the opposing party to respond to the motion orally rather than in writing. As provided in Rule 503 (d), oral argument of emergency motions is not permitted unless ordered by the court or a judge or justice.

(SCO 439 effective November 15, 1980; amended by SCO 1153 effective July 15, 1994)

*Editor's Note: The citation to Appellate Rule 503(b), originally designated as Rule 503(c), was corrected during publication to conform to the court's intent.

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