Alaska R. App. P. 603

(a) Civil Appeals.

(1) Automatic Stay. An automatic two day stay of

execution or enforcement of district court judgments is

provided for in District Court Civil Rule 24(a). A motion for

stay and bond are not required for this stay.

(2) Stay Upon Appeal—Supersedeas Bond.

(A) Stay. When an appeal is taken, the appellant may

obtain a stay of proceedings to enforce the judgment by filing a

supersedeas bond. The stay is effective when the supersedeas

bond is approved. The filing of a supersedeas bond does not

prohibit the court from considering the public interest in

deciding whether to impose or continue a stay on that portion

of an administrative or district court judgment which is not

limited to monetary relief.

(B) Request for Approval. A supersedeas bond, with a

Request for Approval of Supersedeas Bond, must be served

and filed with the district court, or with the superior court in

administrative appeals. The bond may be filed at or after the

time for filing the notice of appeal.

(C) Amount and Form. The amount of the supersedeas

bond is 125% of the district court or administrative agency

judgment (including any prejudgment interest, costs and

attorney’s fees), except that the court may specify a different

amount based on the standard provided by Rule 204(d) upon

motion by any party to the appeal. The form and conditions of

the bond are governed by Civil Rule 80 and Appellate Rule

204(d).

(D) Objections—Reconsideration. An appellee may by

motion raise objections to the form or amount of the bond or to

the sufficiency of the surety. However, approval of the bond

will not be delayed to allow objections to be filed. Objections

filed after the supersedeas bond has been approved will be

treated as a motion to rescind or modify the approval to be

decided by the judge.

(E) Approval. The clerk may approve a supersedeas

bond upon filing if: (i) the bond is in the form prescribed

above; (ii) the amount of the bond is 125% of the judgment or,

if the judge has ordered a different amount, in the amount

ordered by the judge; and (iii) the bond is in cash pursuant to

Rule 602(g) or is executed by approved surety companies.

Otherwise, the judge must decide whether to approve the bond.

(F) Exemption. The state or an officer or agency thereof

or a municipality or an officer or agency thereof desiring a stay

on appeal is exempt from the requirement of filing a

supersedeas bond.

(3) Stay in License Revocation Appeals. The court may

not stay a license revocation ordered under AS 28.15.166

unless the court finds that there is a reasonable probability that

the appellant will prevail on the merits, that the appellant will

suffer irreparable harm if the order is not stayed, and, in a case

where the appellant operates a commercial motor vehicle, that

the public can be adequately protected by conditions imposed

by the court.

(4) Proceedings on Stay. When an appeal is taken, the

district court judge or magistrate judge shall enter a written

order indicating whether or not the proceedings to enforce a

judgment have been stayed. If the proceedings are stayed, and

process has been issued to enforce the judgment, the judge or

magistrate judge must recall the process by written notice to

the officer holding the process. Thereupon the process must be

returned to the court, and all property seized or levied upon by

virtue of such process must be released if it has not been sold,

and in cases of civil arrest, the person arrested must be released

from custody. This subdivision of this rule will not be

construed as making any stay retroactive or as invalidating any

proceedings or levies prior to the time the stay becomes

effective.

(5) Stay in Prisoner Disciplinary Appeals. The court may

not stay imposition of sanctions arising from a disciplinary

decision of the Department of Corrections unless the court

finds that the prisoner has alleged a violation of a fundamental

constitutional right and is likely to succeed on the merits of the

appeal, that the prisoner faces irreparable harm if a stay is not

granted, that the Department of Corrections can be adequately

protected if a stay is granted, and that a stay will not adversely

affect the public interest in effective penal administration. In

evaluating the stay motion, the court may consider documents

and affidavits offered by either party, and shall consider the

stay motion without waiting for the record to be prepared.

(b) Criminal Appeals. If a sentence of imprisonment is

imposed, the court may admit the defendant to bail and stay the

sentence as provided by law and by these rules, pending

appeal. A sentence to pay a fine or a fine and costs may be

stayed, if an appeal is taken, by the district judge or magistrate

judge or by the superior court upon such terms as the court

deems proper. During appeal the court may require the

defendant to deposit the whole or any part of the fine and costs

in the registry of the superior court, or to give bond for the

payment thereof, or to submit to an examination of assets, and

it may make an appropriate order to restrain the defendant

from dissipating his or her assets. An order placing the

defendant on probation will be stayed if an appeal is taken.