Alaska Rules of Appellate Procedure Rule 609.Powers of the Superior Court.

Alaska Rules of Appellate Procedure

Rule 609.Powers of the Superior Court.

(a) Powers of Superior Court. After notice of appeal to the superior court has been given, the superior court may make such orders as are necessary and proper to aid its appellate jurisdiction.

(b) De Novo Trial. (1) In an appeal from an administrative agency, the superior court may in its discretion grant a trial de novo in whole or in part. If a trial de novo is granted, the action will be considered as having been commenced in that court at the time that the record on appeal is received by the superior court.

(2) All further proceedings in such action are governed by the rules governing procedure in the superior court, except that no summons nor any amended or additional pleadings shall be served unless authorized or required by the court. The hearing or trial of the action shall be upon the record thus filed and upon such evidence as may be produced in the superior court.

(c) Change of Judge as a Matter of Right. (1) Any party to an appeal from an administrative agency to the superior court may peremptorily challenge the judge to whom the appeal is assigned, pursuant to the limitations and procedures in Civil Rule 42(c). The notice of change of judge is timely if filed within five days after notice to the party of the assignment.

(2) No peremptory challenge of the judge to whom an appeal is assigned is allowed in an appeal from the district court to the superior court.

(SCO 439 effective November 15, 1980; amended by SCO 1015 effective January 15, 1990)

NOTE: AS 10.06.633, as enacted by ch. 166, ő 1, SLA 1988, amended Appellate Rule 609 by requiring that an appeal from an involuntary dissolution of a corporation be tried de novo by the superior court. AS 10.06.863, as enacted by ch. 166, ő 1, SLA 1988, amended Appellate Rule 609 by requiring that an appeal from a revocation from a certificate of authority of a foreign corporation to transaction business in Alaska be tried de novo by the superior court. AS 10.06.915, as enacted by ch. 166, ő 1, SLA 1988, amended Appellate Rule 609 by requiring that an appeal from the failure to approve articles of incorporation and certain other administrative decisions be tried de novo by the superior court.

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.

Return to Touch N' Go Systems, Inc. Home Page.

Comments to touchngo@touchngo.com

(907) 274-7686
406 G Street Suite, 210
Anchorage, Alaska 99501
fax (907) 333-5869

Please sign our Guest Book

Last Modified 9/7/97