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Alaska R. App. P. 503.5

Extensions of Time for Filing Briefs

activein force · 2016-08-10 – presentact-effective-date

(a) General. Unless otherwise ordered by the court, this

rule applies to extensions of time for filing briefs. This rule

also applies to memoranda filed under Appellate Rules 215(g),

216, and 216.5.

(b) Routine Extensions of Time by Notice.

(1) Except as provided in subparagraph (b)(3), by filing

notice, an appellant may obtain routine extensions not to

exceed 30 days for the opening brief and 15 days for the reply

brief; and an appellee may obtain routine extensions not to

exceed thirty days.

(2) The notice must be filed on or before the due date

and must state:

(A) the original due date for the brief;

(B) the current due date, if that is a different date;

(C) the length of extension; and

(D) the new due date.

(3) Routine extensions by notice may not be filed in the

following matters:

(A) appeals filed under Rules 215, 216, 216.5, 218, and

219;

(B) appeals filed by the prosecution challenging the

dismissal of an indictment or challenging the dismissal of

criminal charges;

(C) matters relating to attorney discipline or disability;

and

(D) any other expedited matter.

(c) Non-Routine Extensions of Time by Motion. An

extension of time not addressed by subsection (b) must be

requested by motion. A party may request an extension of time

by motion under paragraph (1) or (2) at any time before the

party’s brief is due, either originally or as extended.

(1) Motion for Non-Routine Extension Based Upon a

Showing of Diligence and Substantial Need. A party may

obtain up to 30 additional days for the opening or the

appellee’s brief and the appellant may obtain up to 15

additional days for the reply brief upon a showing of diligence

and substantial need. A conclusory statement as to the press of

business does not constitute a showing of diligence and

substantial need.

(2) Motion for Non-Routine Extension Based upon a

Showing of Extraordinary and Compelling Circumstances. An

extension that would extend the time for filing a brief beyond

the time allowed under subsection (b) and paragraph (c)(1) will

be granted only upon a showing of extraordinary and

compelling circumstances. Along with the requirements stated

in paragraph (3), the affidavit accompanying the motion must

include a detailed explanation of the extraordinary and

compelling circumstances that prevent completion of the brief

within the time allowed. Factors the court may consider in

determining the existence of extraordinary and compelling

circumstances include: the nature and foreseeability of

intervening events, pre-existing commitments, the extent of the

party’s or attorney’s control over the circumstances that

prevent completion of the brief, the nature of the case, and any

prejudice to the parties.

(3) General Requirements. The motion must be filed on

or before the due date, and must be accompanied by an

affidavit stating:

(A) when the brief is due;

(B) when the brief was first due and the number and

length of previous extensions;

(C) the length of the requested extension and requested

due date;

(D) a detailed explanation of the reason that an extension

is necessary; and

(E) that the brief will be filed within the time requested.

(4) A motion without a compliant affidavit will be

rejected by the clerk of court.

(5) Motions for non-routine extensions of time will be

decided by a single justice or judge.

(d) Oppositions to Motions for Extension. If a timely

opposition to a motion for extension is received after the

motion for extension is granted, the opposition will be treated

as a motion for reconsideration and will be assigned to a

justice or judge for determination pursuant to Rule 503(f).

(e) Request for Scheduling Conference in Exceptional

Circumstances. Within 30 days of the notice of appeal, any

party may request a scheduling conference with the clerk of

court if, due to unusual scheduling issues or the complexity of

the case, the party believes that the schedule for briefing and

this rule’s provisions for extensions are not adequate or should

not apply. Following a scheduling conference, the clerk of

court may issue a briefing schedule that deviates from the

standard deadlines.

History

(SCO 871 effective July 15, 1988; amended by SCO 926 effective January 15, 1989; by SCO 1209 effective July 15, 1995; by SCO 1279 effective July 31, 1997; by SCO 1410 effective October 15, 2000; by SCO 1842, effective April 15, 2015; and by SCO 1893 effective August 10, 2016)

Provenance

Source
courts.alaska.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
6d1530d1e35f2b10f41d38effb1015e8e8aa6526d8cf1ce4ad9a2c4ff1d3ad68
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