Alaska R. App. P. 602

As amended through March 21, 2024

Rule 602 - Time-Venue-Notice-Bonds-Parties-Filing- Service-Distribution

(a)When Taken.

(1)Appeals from the District Court. An appeal may be taken to the superior court from the district court within 30 days from the date shown in the clerk's certificate of distribution on the judgment.

(2)Appeals from Administrative Agencies. An appeal may be taken to the superior court from an administrative agency within 30 days from the date that the decision appealed from is mailed or otherwise distributed to the appellant. If a request for agency reconsideration is timely filed before the agency, the notice of appeal must be filed within 30 days after the date the agency's reconsideration decision is mailed or otherwise distributed to the appellant, or after the date the request for reconsideration is deemed denied under agency regulations whichever is earlier. The 30-day period for taking an appeal does not begin to run until the agency has issued a decision that clearly states that it is a final decision and that the claimant has thirty days to appeal. An appeal that is taken from a final decision that does not include such a statement is not a premature appeal.

(3) Rule 204(a)(2) - (6) concerning the timing of appeals applies to appeals to superior court.

(b)Venue.

(1)Appeals from the District Court. Venue for an appeal from a district court decision shall be at the superior court location within the same judicial district as the district court that would best serve the convenience of the parties.

(2)Appeals from Administrative Agencies. Unless otherwise provided by law, venue for an appeal from an administrative agency decision shall be at the superior court location that would best serve the convenience of the parties.

(c)Notice of Appeal.

(1) A party may appeal from a judgment or agency decision by filing a notice of appeal with the superior court. The notice of appeal must specify the parties taking the appeal and their current addresses, designate the judgment, agency decision or part thereof appealed from, and name the court to which the appeal is taken. At the time the notice of appeal is served and filed, it must be accompanied by:

(A) a statement of points on which appellant intends to rely on appeal. The grounds for appeal stated in the statement of points on appeal constitute the sole basis for review by the superior court. On motion in the superior court, and for cause, the statement of points may be supplemented;

(B) if required, the filing fee as provided by Administrative Rule 9;

(C) if required, a bond for costs on appeal as provided by paragraph (e) of this rule;

(D) a copy of the district court judgment or agency decision from which the appeal is taken; and

(E) proof of service on all parties to the appeal. In an appeal from an agency decision, the notice of appeal must be served on the head of the agency and, if the agency is a state agency, on the Attorney General of Alaska, at Juneau, Alaska. The notice of appeal must also be served on the Chief Administrative Law Judge of the Office of Administrative Hearings, if that office heard the matter.

(2) An appellant seeking to have the cost bond waived or reduced, an extension of time to file the bond, or to appeal at public expense shall file an appropriate motion at the time the notice of appeal is filed.

(3) The clerk of the superior court shall refuse to accept for filing any notice of appeal not conforming with the requirements of this rule.

(d)Notification by Clerk.

(1) In an appeal from a district court which is not at the same location as the superior court, the clerk shall send a copy of the notice of appeal to the district court and shall notify the district court of the date by which it must forward the record on appeal as provided by Rule 604(a)(1).

(2) In an appeal from an administrative agency, the clerk shall send a copy of the notice of appeal to the agency and request the agency to submit a list of the names and addresses of all counsel who appeared in the matter before the agency, and of all persons who appeared therein pro se. The agency shall file the list with the clerk within ten days of service of the request. The clerk also shall notify the agency of the date by which it must prepare the record in accordance with Rule 604(b)(1).

(e)Cost Bond.

(1) In a civil case or an appeal from an administrative agency, unless a party is exempted by law, or has filed an approved supersedeas bond under Rule 603(a)(2), a bond for costs on appeal must be filed in superior court with the notice of appeal. The amount and terms of the bond are governed by Rule 204(c)(1) and Civil Rule 80.

(2) The cost bond exemptions provided by Rule 204(c)(2) apply in appeals to superior court.

(f)Supersedeas Bond. The appellant may file a supersedeas bond pursuant to Rule 603(a)(2) in lieu of a cost bond.

(g)Cash Deposit. The appellant may deposit cash in the amount of the bond with the court in lieu of filing a cost or supersedeas bond. At the time of the deposit, appellant also shall file a written instrument properly executed and acknowledged by the owner of the cash, or by the owner's attorney or the owner's authorized agent, setting forth the ownership of the fund; agreement to the terms of Civil Rule 80(f); and satisfaction of the conditions specified in Rule 204(c)(1) if the deposit is in lieu of a cost bond, or Rule 204(d) if the deposit is in lieu of a supersedeas bond.

(h)Parties to the Appeal. All parties to the trial court or agency action when the final order or judgment was entered are parties to the appeal. A party who files a notice of appeal, whether separately or jointly, is an appellant under these rules. All other parties, including the agency in an appeal from an administrative agency decision, are deemed to be appellees. An appellee may elect at any time not to participate in the appeal by filing and serving a notice of non-participation. The filing of a notice of non-participation shall not affect whether the party is bound by the decision on appeal.

(i)Joint or Consolidated Appeals. If two or more parties are entitled to appeal from a judgment or order of a court or agency and their interests are such as to make joinder practical, they may file a joint notice of appeal. Appeals may be consolidated by order of the appellate court upon its own motion or upon motion of a party.

(j)Filing and Service of Documents. Documents may be filed either by delivering or mailing them to the clerk of the superior court at the court location where the appeal is filed, unless otherwise ordered. Documents may be filed by electronic mail only as permitted by administrative order of the presiding judge. Documents mailed to the superior court will be deemed filed on the date of receipt by the clerk. Documents served on all parties, except appellees who have elected not to participate in the action. Service upon a party by facsimile or electronic mail may be made as provided by Civil Rule 5.1(c).

(k)Distribution by the Court. The court may use electronic mail to distribute documents as provided in Civil Rule 5.3.

Alaska R. App. P. 602

SCO 439 effective 11/15/1980; amended by SCO 460 effective 6/1/1981; by SCO 495 effective 1/4/1982; by SCO 510 effective 8/30/1982; by SCO 514 effective 10/1/1982; by SCO 554 effective 4/4/1983; by SCO 575 effective 2/1/1984; by SCO 847 effective 1/15/1988; by SCO 888 effective 7/15/1988; by SCO 1015 effective 1/15/1990; by SCO 1250 effective 7/15/1996; by SCO 1284 effective 1/15/1998; by SCO 1385 effective 4/15/2000; by SCO 1411 effective 10/15/2000; by SCO 1476 effective 10/15/2002; and by SCO 1719 effective 4/15/2010; and by SCO 1884 effective 8/1/2016; amended by SCO 1939 effective 1/1/2019; amended by SCO 1930 effective 4/15/2019.

Ch. 77 SLA 2002 (HB 157 ), Section 2, adds new Chapter 26 to Title 6 of the Alaska Statutes, concerning providers of fiduciary services. According to Section 9 of the Act, AS 06.26.760(b)(2) has the effect of amending Appellate Rule 602 by postponing the deadlines for the filing of appeals to the superior court from a district court or an administrative agency by a trust company when the Department of Community and Economic Development has taken possession of the trust company.

Note [Effective July 1, 2014]: Chapter 60, SLA 2013 (HB 57 ), effective July 1, 2014, adopted the Alaska Entity Transactions Act, effective July 1, 2014. According to section 30 of the Act, AS 10.55.607(a), enacted by section 10 of the Act, has the effect of amending: Alaska Rule of Appellate Procedure 602(b)(2), by establishing special venue rules for appealing the refusal of the Department of Commerce, Community, and Economic Development to file a document; and Alaska Rule of Appellate Procedure 602(c), by requiring that certain documents be filed with a petition appealing the refusal of the Department of Commerce, Community, and Economic Development to file a document.

Note [January 1, 2019]: Chapter 65, SLA 2018 (HB 170 ) enacted comprehensive changes to securities laws. According to section 30(e) of the Act, AS 45.56.675(a), enacted by section 25 of the Act, have the effect of changing Appellate Rule 602, effective January 1, 2019, by changing the time for filing a notice of appeal in certain cases.