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(a) Civil Appeals.
(1) Automatic Stay. An automatic two day stay of execution or enforcement of district court judgments is provided for in District Court Civil Rule 24(a). A motion for stay and bond are not required for this stay.
(2) Stay Upon AppealSupersedeas Bond.
[a] Stay. When an appeal is taken, the appellant may obtain a stay of proceedings to enforce the judgment by filing a supersedeas bond. The stay is effective when the supersedeas bond is approved. The filing of a supersedeas bond does not prohibit the court from considering the public interest in deciding whether to impose or continue a stay on that portion of an administrative or district court judgment which is not limited to monetary relief.
[b] Request for Approval. A supersedeas bond, with a Request for Approval of Supersedeas Bond, must be served and filed with the district court, or with the superior court in administrative appeals. The bond may be filed at or after the time for filing the notice of appeal.
[c] Amount and Form. The amount of the supersedeas bond is 125% of the district court or administrative agency judgment (including any prejudgment interest, costs and attorney's fees), except that the court may specify a different amount based on the standard provided by Rule 204(d) upon motion by any party to the appeal. The form and conditions of the bond are governed by Civil Rule 80 and Appellate Rule 204(d).
[d] Objections Reconsideration. An appellee may by motion raise objections to the form or amount of the bond or to the sufficiency of the surety. However, approval of the bond will not be delayed to allow objections to be filed. Objections filed after the supersedeas bond has been approved will be treated as a motion to rescind or modify the approval to be decided by the judge.
[e] Approval. The clerk may approve a supersedeas bond upon filing if: (i) the bond is in the form prescribed above; (ii) the amount of the bond is 125% of the judgment or, if the judge has ordered a different amount, in the amount ordered by the judge; and (iii) the bond is in cash pursuant to Rule 602(f) or is executed by approved surety companies. Otherwise, the judge must decide whether to approve the bond.
[f] Exemption. The state or an officer or agency thereof or a municipality or an officer or agency thereof desiring a stay on appeal is exempt from the requirement of filing a supersedeas bond.
(3) Stay in Workers' Compensation Appeals. An employer appealing to the superior court from a judgment of the Alaska Workers' Compensation Board may obtain a stay of the judgment pending the appeal by complying with subparagraph (a)(2) and by establishing that irreparable damage will result if the stay is not granted.
(4) Stay in License Revocation Appeals. The court may not stay a license revocation ordered under AS 28.15.166 unless the court finds that there is a reasonable probability that the appellant will prevail on the merits, that the appellant will suffer irreparable harm if the order is not stayed, and, in a case where the appellant operates a commercial motor vehicle, that the public can be adequately protected by conditions imposed by the court.
(5) Proceedings on Stay. When an appeal is taken, the district court judge or magistrate shall enter a written order indicating whether or not the proceedings to enforce a judgment have been stayed. If the proceedings are stayed, and process has been issued to enforce the judgment, the judge or magistrate must recall the process by written notice to the officer holding the process. Thereupon the process must be returned to the court, and all property seized or levied upon by virtue of such process must be released if it has not been sold, and in cases of civil arrest, the person arrested must be released from custody. This subdivision of this rule will not be construed as making any stay retroactive or as invalidating any proceedings or levies prior to the time the stay becomes effective.
(6) Stay in Prisoner Disciplinary Appeals. The court may not stay imposition of sanctions arising from a disciplinary decision of the Department of Corrections unless the court finds that the prisoner has alleged a violation of a fundamental constitutional right and is likely to succeed on the merits of the appeal, that the prisoner faces irreparable harm if a stay is not granted, that the Department of Corrections can be adequately protected if a stay is granted, and thata stay will not adversely affect the public interest in effective penal administration. In evaluating the stay motion, the court may consider documents and affidavits offered by either party, and shall consider the stay motion without waiting for the record to be prepared.
(b) Criminal Appeals. If a sentence of imprisonment is imposed, admission to bail will be allowed and the sentence stayed, pending appeal. A sentence to pay a fine or a fine and costs may be stayed, if an appeal is taken, by the district judge or magistrate or by the superior court upon such terms as the court deems proper. During appeal the court may require the defendant to deposit the whole or any part of the fine and costs in the registry of the superior court, or to give bond for the payment thereof, or to submit to an examination of assets, and it may make an appropriate order to restrain the defendant from dissipating his or her assets. An order placing the defendant on probation will be stayed if an appeal is taken.
(SCO 439 effective November 15, 1980; amended by SCO 554 effective April 4, 1983; by SCO 957 effective March 30, 1989; by SCO 1015 effective January 15, 1990; by SCO 1109 effective January 15, 1993; and by SCO 1238 effective July 15, 1996)
NOTE: AS 28.15.166(n), added by õ 3 ch. 77 SLA 1983 and amended by õ 10 ch. 119 SLA 1990 and by õ 6 ch. 3 SLA 1992, amended Appellate Rule 603 by prohibiting an automatic stay of the administrative revocation of a driver's license pending appeal and by limiting the power of the court to stay the administrative revocation of a driver's license. Subparagraph 603(a)(4) was added by SCO 1109 in order to incorporate the legislative changes to the rule. In the event the legislation mandating the changes is invalidated by a court of competent jurisdiction, SCO 1109 shall be considered automatically rescinded.
Note to SCO 1238: Appellate Rule 603(a)(6) was added by ch. 79 õ 22 SLA 1995. Section 9 of this order is adopted for the sole reason that the legislature has mandated the amendment.
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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