Alaska Rules of Appellate Procedure

Copyright © 1997 Touch N' Go Systems, Inc. All Rights Reserved. No claim made to official government works.


Rule 516.Death of a Party.

(a) Substitution. The death of a party in a civil action or proceeding shall not affect any appeal taken or petition for review made, or the right to take an appeal or to seek review, except as limited by paragraph (b) of this rule. The proper representatives of the estate, or in the personalty or realty, of the deceased party, according to the nature of the case, may voluntarily appear and be substituted as parties for the decedent, or substitution may be effected as in the case of death of a party pending an action in the superior court. Thereupon proceedings shall be had in the supreme court as in other cases.

(b) Time. The times specified in these rules for taking an appeal or petitioning for review, or for taking any of the further steps to secure a review of the judgment appeal from or the order in respect to which review is sought, shall be extended for the time necessary to enable such representatives to be substituted for the deceased party; provided, that such time shall not extend for more than 60 days after the date of death of such party. If substitution is not effected within such period, these rules relating to the time for taking an appeal or petitioning for review, or for taking such further steps to secure review, shall be as fully applicable as in other cases.

(SCO 439 effective November 15, 1980)

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