Alaska Rules of Appellate Procedure Rule 514.Service—Appearance of Counsel

Alaska Rules of Appellate Procedure

Rule 514.Service—Appearance of Counsel—Signing of Documents.

(a) In General. Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to the attorney or party or by mailing it to him at the attorney's or party's last known address or, if no address is known, by leaving it with or mailing it to the clerk of the appellate courts. Delivery of a copy within this rule means: handing it to the attorney or to the party; or leaving it at the attorney's or party's office with a clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at the attorney's or party's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service by mail is complete upon mailing.

(b) Proof of Service — How Made. Proof of service shall be made in conformity with Civil Rule 5(f).

(c) Proof of Service — Filing. Where proof of service is required, it shall be filed with the clerk in conformity with Civil Rule 5(e).

(d) Entry of Appearance. Any document filed with the clerk by or on behalf of counsel whose appearance has not previously been filed must be accompanied by an entry of appearance.

(e) Signing of Documents. All documents presented to the court, other than records, must bear the manuscript signature of the member of the bar who is counsel of record for the party concerned, and upon whom service is to be made. The individual names of other counsel and their addresses may be added.

(f) Notice of Question of Constitutionality of Statute. When the constitutionality of a state statute is drawn in question in any appeal or other proceeding in the appellate courts to which the state or an officer, agency, or employee thereof is not a party, the party raising the question shall give immediate notice in writing to the court of the existence of the question. The clerk of court shall notify the Attorney General of Alaska of the case raising the question.

(SCO 439 effective November 15, 1980; amended by SCO 554 effective April 4, 1983; by SCO 872 effective July 15, 1988; by SCO 1120 effective July 15, 1993; and by SCO 1153 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.

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Last Modified 9/7/97