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Alaska R. App. P. 216.5

Appeals and Petitions in Election Redistricting Cases

activein force · 2025-04-15 – presentact-effective-date

(a) Scope. This rule applies to appeals and petitions from

the superior court involving challenges to decisions of the

Redistricting Board under art. VI, sec. 11, Constitution of the

State of Alaska, and supersedes the other appellate rules to the

extent that they may be inconsistent with this rule.

(b) Notice of Appeal.

(1) A notice of appeal under this rule shall be filed with

the clerk of the appellate courts within 2 days from the date

shown in the clerk’s certificate of distribution on the order or

judgment appealed from. The notice of appeal shall be

accompanied by the items specified in Appellate Rule

204(b)[1]-[4] and [7]. A notice of cross-appeal shall be filed

within 1 day from the date the notice of appeal is filed.

(2) The notice must indicate that the appeal is being filed

pursuant to this rule, but the supreme court will apply this rule

to cases within its scope whether or not they are so identified.

(3) In addition to service required under Rule 204(h),

service of the notice of appeal shall be made on the

Redistricting Board, the Office of the Attorney General, and

the Office of the Lieutenant Governor.

(c) Scheduling Conference. The clerk of the appellate

courts shall hold a mandatory scheduling conference within 2

days from the date the first notice of appeal is filed under

paragraph (b) above. All parties to the superior court

proceedings from which a redistricting appeal arises shall

attend the conference. The court may permit telephonic

participation. At the scheduling conference, the clerk shall

enter a scheduling order that establishes the following:

(1) the dates by which the parties shall file their

memoranda on appeal and excerpts of record as described in

paragraph (f) below, the last date of which shall be no later

than 90 days before the statutory filing deadline for the first

statewide election in which the challenged redistricting plan is

scheduled to take effect;

(2) the last date for oral argument, unless waived by the

parties, which shall be no later than 75 days before the

statutory filing deadline described in subparagraph (c)(1).

(d) Record on Appeal. Rule 210 shall not apply. The

record on appeal consists of the entire superior court file,

including the original papers and exhibits filed in the superior

court, with pages numbered consecutively. The record on

appeal also includes the electronic record of proceedings

before the superior court and transcripts, if any. The appeals

clerk shall complete the record on appeal within 5 days from

the first notice of appeal, and shall notify the clerk of the

appellate courts. The clerk of the appellate courts shall serve a

notice of certification of the record on all parties to the appeal.

(e) Excerpts of Record. Each party shall file and serve

an excerpt of record with the party’s memorandum on appeal.

In cases involving multiple appellants or appellees, each side

shall prepare a single excerpt according to the procedure

described in Appellate Rule 210(c)(1)(B). Appellants’ excerpt

must contain a true and correct copy of each document in the

record that is cited in their memoranda and is essential to the

resolution of an issue on appeal. Appellees’ excerpt must

contain a true and correct copy of each document in the record

relied on in their memoranda but not included in the

appellants’ excerpt. The form of excerpts is governed by

Appellate Rule 210(c)(4).

(f) Memoranda on Appeal.

(1) Unless otherwise specified in the scheduling order,

no later than 10 days from the scheduling conference the

appellant shall file the original and seven copies of a

typewritten memorandum in support of the appeal and the

excerpt of record as provided in paragraph (e), together with

proof of service on all other parties,

(2) Unless otherwise specified in the scheduling order,

no later than 5 days after service of the appellant’s

memorandum the appellee shall file the original and six copies

of a typewritten memorandum in opposition to the appeal and

the excerpt of record as provided in paragraph (e), together

with proof of service on all other parties.

(3) No reply memorandum may be filed unless ordered

by the court.

(4) The memoranda must comply with Rule 513.5, but

need not comply with the requirements of Rule 212 unless

ordered by the court.

(g) Oral Argument. Unless waived by the parties at the

scheduling conference, oral argument will be scheduled on an

expedited basis and may be held telephonically as necessary to

ensure the participation of all parties to the appeal. The number

of counsel allowed to present argument, and the length of

argument allowed to each side, shall be determined by the

court, and shall ordinarily not exceed one-half hour for each

side.

(h) Petitions for Review. If the superior court’s decision

remands the case to the Redistricting Board, any petition for

review shall be filed within 5 days of the superior court’s

decision, and any response shall be filed within 5 days

thereafter.

(i) Disposition of Appeals. Appeals and petitions under

this rule will be decided as expeditiously as possible, and shall

have priority over all other matters pending before the court.

A decision or order of this court shall be rendered no later than

60 days before the statutory filing deadline for the first

statewide election in which the challenged redistricting plan is

scheduled to take effect.

(j) Extensions of Time. An extension of time under this

rule will not be granted without a showing of extraordinary and

compelling circumstances under Rule 503.5(c)(2).

(k) Personal Same-Day Filing and Service Required.

All documents shall be filed by personal delivery to the office

of the Clerk of the Appellate Courts. All service of documents

filed under this rule must be achieved by personal delivery on

the same day the documents are filed, unless otherwise ordered

by the court.

History

(Adopted by SCO 1456 effective November 15, 2001; amended by SCO 1885 effective October 15, 2016; and by SCO 2035 effective April 15, 2025)

Provenance

Source
courts.alaska.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
90553ad06a9215d33fa90fd2361b42e420e4386568e04ef90faff9135424b5ad
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