AK · rules
Alaska R. App. P. 503.5
Extensions of Time for Filing Briefs
(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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