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Alaska R. App. P. 503

Motions

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

(a) General. An application for relief of any kind from

either appellate court ancillary to a case in that court shall be

made by written motion. A stipulation is not sufficient.

(b) Format. A motion filed in the appellate courts must

be in the form prescribed by Rule 513.5(b). The motion must

include:

(1) a brief, complete statement of the reasons in support

of the motion;

(2) an affidavit where the facts relating to the motion are

not otherwise proven;

(3) if the motion is for an extension of a time period

prescribed in these rules, a statement of each extension of that

time period previously granted to that party, indicating the

length of each extension;

(4) the points and authorities on which the moving party

relies; and

(5) if the moving party requests relief by a specific date,

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

reasons why a decision is needed by that date.

(c) Filing and Service. The original of all motions and

responses must be filed with the clerk, together with proof of

service on all other parties. The following copies must be

submitted with the original:

(1) five copies of a motion that must be decided by the

full supreme court pursuant to Appellate Rule 503(g) or a

response to such motion;

(2) three copies of a motion that must be decided by the

full court of appeals pursuant to Appellate Rule 503(g) or a

response to such motion.

(d) Opposition to Motion—Disposition. Adverse parties have seven days after service of a motion within which

to file and serve memoranda in opposition, counter motions

and affidavits. As soon as practical after expiration of the

seven-day period, the motion will be considered. A reply

memorandum may not be filed by the moving party unless

otherwise ordered. Oral argument will not be heard on motions

unless otherwise ordered. If a motion is decided before

expiration of the time for opposition, the filing of a timely

opposition requires that the motion be considered de novo.

(e) Motions Determined by the Clerk. Routine,

unopposed motions may be ruled upon by the clerk without

referral to an individual judge or justice or the full court.

Unopposed non-routine motions for extensions of time under

Rule 503.5(c)(1) for filing briefs may be ruled upon by the

clerk. The clerk may not determine a motion to extend the time

for filing a notice of appeal, petition for review, petition for

rehearing, or petition for hearing. 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. The clerk has the discretion to refer

motions that may be determined by the clerk to an individual

justice or judge for decision.

(f) Motions Determined by an Individual Justice or

Judge. Any motions not described in paragraph (g) may be

determined by an individual justice or judge without referral to

the full court. A justice or judge has the discretion to refer such

a motion to the full court for decision.

(g) Motions Determined by Full Court. A motion that

would have the effect of determining the merits of a

proceeding, or a motion referred to the full court by a justice or

judge, shall be considered by the full court. An individual

justice or judge may, in connection with such a motion, enter

such orders as may be necessary to prevent irreparable harm

prior to the time that the full court is able to consider the

motion.

(h) Motions for Reconsideration.

(1) Filing. A party who is aggrieved by an order may

move for reconsideration of the order. A motion for

reconsideration must be filed within ten days after the date of

notice of the order, as defined in Civil Rule 58.1(c) and

Criminal Rule 32.3(c).

(2) Determination. Motions for reconsideration under

this rule shall be determined as follows:

(A) a motion for reconsideration of an order entered by

the clerk under subparagraph (e) shall be determined by an

individual justice or judge;

(B) a motion for reconsideration of an order entered by

an individual justice or judge under subparagraph (f) shall be

determined by the full court; and

(C) a motion for reconsideration of an order entered by

the full court under subparagraph (g) shall be determined by

the full court.

(3) Response. The non-moving party may respond to a motion for reconsideration to be determined under subparagraphs (h)(2)(A) or (h)(2)(B) by filing an opposition

within seven days after the motion is served. No response may

be made to a motion for reconsideration to be determined

under subparagraph (h)(2)(C) unless requested by the court,

but a motion for reconsideration will ordinarily not be granted

without affording the non-moving party an opportunity to

respond.

History

(SCO 439 effective November 15, 1980; amended by SCO 516 effective October 1, 1982; by SCO 561 effective May 2, 1983; by SCO 584 effective February 1, 1984; by SCO 827 effective August 1, 1987; by SCO 869 effective July 15, 1988; by SCO 870 effective July 15, 1988; by SCO 1153 effective July 15, 1994; by SCO 1166 effective July 15, 1994; by SCO 1167 effective July 15, 1994; by SCO 1409 effective October 15, 2000; by SCO 1440 effective October 15, 2001; by SCO 1628 effective April 16, 2007; by SCO 1842 effective April 15, 2015; by SCO 1885 effective October 15, 2016; and by SCO 2035 effective April 15, 2025) Note: See Appellate Rule 508(f)(2) for motions for reconsideration of orders awarding costs or attorney’s fees under Appellate Rule 508.

Provenance

Source
courts.alaska.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
553acc09c5eb08a355b4195ff161c40412be1c68029f2fd008784cedc2b9755e
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