Copyright © 1997 Touch N' Go Systems, Inc. All Rights Reserved. No claim made to official government works.
Copyright © 1997 Touch N' Go Systems, Inc. All Rights Reserved. No claim made to official government works.
Rule 611.Petitions for Review— Procedure.
(a) Filing.
(1) A petition for review of a district court order or decision, with the filing fee, must be filed with the clerk of the superior court within 10 days after the date of notice of the challenged order or decision, along with proof of service on all parties. Date of notice is defined in Civil Rule 58.1(c) and Criminal Rule 32.3(c). The clerk of the superior court shall proceed in accordance with Rule 403(a)(4).
(2) A petition for review of an order or decision of an administrative agency, with the filing fee, must be filed with the clerk of the superior court within 10 days after the date of mailing or other distribution of the order or decision, along with proof of service on all parties. A copy of the petition for review must be served on the administrative agency.
(3) The running of the time for filing a petition for review is terminated by a timely motion for reconsideration in the district court. The full time for a petition for review by any party begins to run again on the date of notice, as defined in Civil Rule 58.1(c) and Criminal Rule 32.3(c), or the date of denial of the motion pursuant to Civil Rule 77(k)(4), whichever is earlier.
(4) A judge of the superior court, for good cause shown, may extend the time for filing. The party seeking review will be known as the petitioner. All other parties to the proceedings will be named as respondents.
(b) Other Matters.
(1) Cross Petitions and Petitions for Review of Multiple Orders may be filed in accordance with the provisions of Appellate Rule 403(a)(2) and (3).
(2) The Petition or Cross Petition shall conform to Appellate Rule 403(b) through (e), except that the statement of reasons why review should be granted is governed by Rule 610.
(c) Consideration by the Court. The court shall determine whether to grant or deny the petition within ten days after the day on which the response is due. The court shall consider the merits of any petition granted as soon as practicable, and unless otherwise ordered, without oral argument, and on the basis of the memoranda and supporting documents submitted by the parties. The court, on request or on its own motion, may require submission of whatever additional portions of the record it considers necessary, or may order supplementation of the record through oral testimony or otherwise.
(d) Stay.
(1) Judicial Proceeding. When a petition for review has been filed, the superior court in its discretion may stay further proceedings by the district court and the operation or enforcement of the order or decision sought to be reviewed upon such terms as to bond or otherwise as the court considers proper for the security of the rights of the adverse party.
(2) Administrative Proceeding. When a petition for review has been filed, the superior court may stay further proceedings in an administrative agency and the operation or enforcement of the order or decision sought to be reviewed when the party seeking review establishes that irreparable injury will result if the stay is not granted.
(e) Relief Available. Upon consideration of a petition for review, the superior court may affirm, modify, vacate, set aside or reverse any order or decision of a district court, and may remand the action or proceeding and direct the entry of such appropriate judgment or order, or require such further proceedings to be had, as may be just under the circumstances.
(SCO 430 effective November 15, 1980; amended by SCO 494 effective January 4, 1982; by SCO 554 effective April 4, 1983; by SCO 1015 effective January 15, 1990; and by SCO 1113 effective January 15, 1993)
NOTE: AS 28.15.166(n), as amended by õ 10 ch. 119 SLA 1990, amended Appellate Rule 603 and Appellate Rule 611 by prohibiting an automatic stay of the administrative revocation of a driver's license pending appeal or petition for review and by limiting the power of the court to stay the administrative revocation of a driver's license. AS 28.15.166(n) was also amended by õ 6 ch. 3 SLA 1992 to require that the court make an additional finding before staying the revocation of a commercial vehicle license. When the legislature adopted this change, it took the steps necessary to revise Appellate Rule 603 but did not attempt to amend Appellate Rule 611.
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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