Alaska Rules of Appellate Procedure

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


Rule 610.Petitions for Review of Non-appealable Orders or Decisions.

(a) When Available. An aggrieved party, including the state of Alaska, may petition the superior court to review any order or decision not appealable under Rule 602 of a district court or of an administrative agency in a proceeding in which the superior court has appellate jurisdiction.

(b) When Granted. Review is not a matter of right, but will be granted only when the sound policy behind the general rule of requiring appeals to be taken only from final judgments is outweighed because;

(1) Postponement of review until appeal may be taken from a final judgment will result in injustice because of impairment of a legal right or because of unnecessary delay, expense, hardship or other related factors;

(2) The order or decision involves a controlling question of law on which there is a substantial ground fordifference of opinion, and an immediate review of the order may materially advance the termination of the proceeding in the other forum; or

(3) The district court so far departed from the accepted and usual course of judicial proceedings, or the administrative agency has so far departed from the accepted and usual course of administrative adjudication, as to call for the superior court's power of supervision and review.

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

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