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 612.Motions and Authority of the Clerk.
(a) Applicability of Rule 503. Motions to the superior court are governed by Rule 503, except as provided below.
(b) Motions Determined by the Clerk. The clerk may approve a supersedeas bond pursuant to Rule 603(a)(2)[e]. The superior court clerk may rule upon the following motions, if unopposed, without reference to the judge assigned to the appeal:
(1) motions for extensions of time for filing briefs as provided by paragraph (c) below;
(2) motions for extension of time for transmitting the record in administrative appeals;
(3) an appellant's motion to dismiss the appeal; and
(4) motions to supplement the record if filed prior to the filing of any brief.
(c) Length of Extensions. The clerk may not grant extensions totalling more than 30 days for the appellant's brief, 30 days for the appellee's brief, and 15 days for the appellant's reply brief. The clerk may not determine a motion for extension of time to file a document if the time period specified in these rules for filing the document, including any previous extensions, has already expired when the motion is filed.
(d) Reconsideration of Clerk's Order. A party who is aggrieved by the decision of the clerk on a motion may file a motion for reconsideration of the clerk's order. This motion will be determined by the judge assigned to the appeal.
(SCO 1015 effective January 15, 1990)
APPENDIX
CLERK'S INSTRUCTIONS FOR PREPARATION
OF EXCERPTS
A. APPELLANT'S EXCERPT OF RECORD
1. An excerpt of record must be bound on the left-hand side in the same manner as a brief. All excerpts, whether submitted by appellant or appellee, must have a pink cover. The cover must be the same weight and quality as the cover of a brief. The cover must contain the same information that appears on the front cover of the brief, but must be labeled "APPELLANT'S EXCERPT OF RECORD" instead of "BRIEF OF APPELLANT." It must also contain the volume number, e.g., "Volume 1 of 1."
EXAMPLE:
|
IN THE SUPREME COURT OF THE STATE OF ALASKA JANE A. DOE,) ) Appellant,) ) vs.) ) JOHN B. DOE,) )Supreme Court No. S-5741 Appellee.) __________________ )Superior Court No. 3AN-92-4375 CI APPEAL FROM THE SUPERIOR COURT, THIRD JUDICIAL DISTRICT AT ANCHORAGE, THE HONORABLE J. WILLIAM JONES, PRESIDING APPELLANT'S EXCERPT OF RECORD VOLUME 1 OF 1 JAMES SMITH (1234567) 100 A Street, Suite 100 Anchorage, Alaska 99000 (907) 333-3333 Attorney for Appellant Jane A. Doe Filed in the Supreme Court of the State of Alaska, this ____ day of ________________, 1994. Jan Hansen, Clerk By: __________________________ Deputy Clerk |
2. Documents in the excerpt of record must be arranged in chronological order by document execution date, with the document with the earliest date on top.
See Section E on confidential documents.
3. Documents in the excerpt must be copied on both sides of the paper (i.e., double-sided copies).
4. Pages must be numbered in a single consecutive sequence throughout all volumes (e.g., if volume 1 contains pages 1 through 200, then volume 2 would begin with page 201). Page numbers must appear at the bottom of the page.
5. Each excerpt must contain a table of contents at the beginning of the first volume. The table of contents must be prepared as follows:
a. Each document in the excerpt must be listed by title, execution date, document creator's name (unless the creator is obvious), and the page on which the document begins.
EXAMPLE (multi-defendant case):
Complaint, November 12, 1990 1
Smith's Answer, December 8, 1990 38
Johnson's Answer, December 10, 1990 55
b. When there is more than one volume of the excerpt, each document filed in a particular volume must be listed under the volume heading.
EXAMPLE:
Affidavit of Mary Smith, March 15, 1991 197
Volume 2
Affidavit of William Johnson, April 3, 1991 199
c. See Section E on confidential documents.
B. APPELLEE'S EXCERPT OF RECORD
The rules outlined above for Appellant's Excerpt of Record apply except that the first page of the first document in Appellee's excerpt must begin with the number immediately following the number of the last page in Appellant's excerpt (e.g., if Appellant's excerpt ends with page 237, then Appellee's excerpt would begin with page 238).
See Section E on confidential documents.
C. SUPPLEMENTAL EXCERPT OF RECORD
The rules outlined above apply except that the title of the file should be "Appellant's Supplemental Excerpt of Record" or "Appellee's Supplemental Excerpt of Record." In addition, the first page of the first document in a supplemental excerpt must begin with the number immediately following the number of the last page of the last excerpt filed in the case (e.g., if the last volume of Appellee's excerpt of record ends with page 225, then a supplemental excerpt filed with Appellant's reply brief would begin with page 226).
D. CITATION GUIDELINES
1. DOCUMENTS IN AN EXCERPT OF RECORD: (Exc. 126).
2. TRANSCRIPT: (Tr. 109).
3. DOCUMENTS IN THE RECORD, BUT NOT IN AN EXCERPT: (R. 78).
Note: When citing testimony presented by deposition, do not cite to the deposition. Instead, include the relevant pages of the deposition in the excerpt and cite to the excerpt.
E. CONFIDENTIAL DOCUMENTS
1. Confidential documents must be arranged in chronological order by document execution date, with the document with the earliest date on top.
2. Pages must be numbered consecutively, beginning with the number immediately following the number of the last page of the last non-confidential document in Appellant's excerpt. Page numbers must appear at the bottom of the page.
3. Confidential documents must be placed in a manila envelope marked "APPELLANT'S EXCERPT — CONFIDENTIAL." The case name and the appellate case number must be written on the front of the envelope. The envelope must be placed at the end of the last volume of the party's excerpt.
4. Confidential documents must be listed at the end of the table of contents under the heading "Confidential Envelope."
EXAMPLE:
Judgment and Commitment, November 2, 1992 67
Confidential Envelope
Presentence Report, August 30, 1992 68
Updated Presentence Report,
September 15, 1993 76
5. The first page of the first document in Appellee's excerpt begins with the number immediately following the number of the last page of the last document in Appellant's confidential envelope (e.g., if the last confidential document in Appellant's confidential envelope ends with page 95, then Appellee's excerpt would begin with page 96).
F. AGENCY APPEALS TO THE SUPERIOR COURT.
An excerpt of record is required in an appeal from an administrative agency to the superior court. See Appellate Rule 604(b)(1)(B). These instructions govern the form of excerpts filed in the superior court, except that
1. documents in an excerpt must be copied on one side of the paper (not duplexed) and two-hole punched at the top center of each page;
2. each volume of the excerpt must stapled or bound at the top with a metal fastener (e.g., an Acco fastener);
3. the cover of the excerpt must be on white paper of the same weight and quality as other documents in the excerpt; and
4. only one copy of the excerpt must be filed with the court.
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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