Alaska R. App. P. 404

(a) When Filed.

(1) An original application for relief may be filed with

the appellate court or a judge or justice thereof in any matter

within its jurisdiction, whenever relief is not available from

any other court and cannot be obtained through the process of

appeal, petition for review, or petition for hearing. Grant of the

application is not a matter of right but of sound discretion

sparingly exercised.

(2) An original application for relief, if seeking relief in

connection with an action or proceeding in a trial court, shall

be directed to the appellate court which would have

jurisdiction over an appeal from the final judgment of the trial

court in that action or proceeding.

(3) An original application for relief, if not ancillary to

an action or proceeding in a trial court, may be directed to any

appellate court having jurisdiction under the applicable

statutes.

(b) Procedure. A party who seeks original relief shall

proceed as follows:

(1) The party must file with the clerk of the appellate

courts an original application, together with such portion of the

record and proceedings of the court below as is needed for the

purpose of determining whether the relief sought will be

granted, a completed docketing statement in the form

prescribed by these rules, and proof of service. An additional

five copies of an original application before the supreme court

or three copies of an original application to the court of appeals

shall be filed, unless a different number is specified by the

clerk. The application must state the precise nature of the relief

sought, and why that relief is not available in any other court,

or by petition for review or by appeal. If the applicant requests

relief by a specific date, the application must contain a

statement of the date by which a decision is needed and the

reasons why a decision is needed by that date.

(2) The application must be served on all other parties to

the proceeding in respect of which relief is sought and, if the

application pertains to a proceeding in a trial court, on the trial

court. If the applicant seeks an order from the appellate court

commanding or restraining an act of a person, agency, or

tribunal not a party to the proceedings, the application must

also be served on such persons, agencies, or tribunals.

(3) If the application seeks a writ of habeas corpus, it

shall comply with the requirements of Civil Rule 86(b), and

shall state the reason for not making application to the superior

court. The application shall also specifically set forth how the

applicant has exhausted all other remedies available by law or

rule.

(c) Response. Within ten days after service of the

application, each respondent shall serve and file either a

response, or a notice that no response will be filed. An

additional five copies of a response to an original application

before the supreme court or three copies of a response to an

original application before the court of appeals shall be filed,

unless otherwise specified by the clerk. The court or a judge or

justice thereof may, for good cause shown, extend the time for

filing. If the application seeks the issuance of a writ of habeas

corpus, response shall be made in accordance with Civil Rule

86(g). When the response is filed, it shall be accompanied by

proof of service. Replies and supplemental memoranda will

not be received unless ordered by the court. A motion to

dismiss the application will not be received. Objections to the

exercise of the discretionary power of the court must be

included in the response.

(d) Form. The preparation of all original applications

and responses thereto shall be governed by Rule 513.5(b).

(e) Consideration by the Court. As soon as practicable,

the court will decide whether to grant or deny the application.

Oral argument will not be held on the question of whether the

application should be granted. If the application is granted, the

order granting the application will specify any further actions

to be required. If the court orders further briefing, oral

argument will be governed by the procedures set out in Rule

505.

(f) Petition for Rehearing. A petition for rehearing may

not be filed in connection with the grant or the denial of an

original application for relief, unless the court includes an

explanation for granting or denying the original application.