AK · rules
Alaska R. App. P. 216.5
Appeals and Petitions in Election Redistricting Cases
(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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