Alaska R. App. P. 204

As amended through March 21, 2024

Rule 204 - Appeal: Time-Notice-Bonds

(a) When Taken - Appeals and Cross-Appeals.

(1) Appeals. The notice of appeal shall be filed within 30 days from the date shown in the clerk's certificate of distribution on the judgment appealed from, unless a shorter time for filing a notice of appeal applies as provided by Rules 216-219, or unless a different time applies as provided in AS 23.30.128(g).

(2) Subsequent Appeals. If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within 14 days of the filing of any timely notice of appeal by any other party, or within 30 days from the date shown in the clerk's certificate of distribution on the judgment, whichever period expires last. A post-judgment order awarding or denying costs, attorney's fees, prejudgment interest, or restitution, or a final judgment that has been amended to award or deny costs, attorney's fees, prejudgment interest, or restitution, may be appealed by filing either a notice of appeal or a motion to amend the points on appeal under subparagraph (a)(5)(A) of this rule within 14 days of the filing of any timely notice of appeal by any other party, or within 30 days from the date shown in the clerk's certificate of distribution on the order, whichever period expires last.

(3) Motions That Terminate Time for Filing Appeals in Civil Cases. In a civil case, the running of the time for filing an appeal is terminated by a timely motion filed in the trial court pursuant to those rules of civil procedure enumerated in this section or by AS 23.30.128. The full time for an appeal by any party begins to run again on the date of notice, as defined in Civil Rule 58.1(c), of any of the following orders made on timely motion:

(A) Granting or denying a motion for judgment under Civil Rule 50(b);

(B) Granting or denying a motion to amend or make additional findings of fact under Civil Rule 52(b) whether or not an alteration of the judgment would be required if the motion is granted;

(C) Granting or denying a motion to alter or amend a judgment under Civil Rule 59;

(D) Denying a new trial under Civil Rule 59; or

(E) Granting or denying a motion for reconsideration filed in the trial court under Civil Rule 77(k) on the date of notice as defined by Civil Rule 58.1(c) or on the date of denial of the motion pursuant to Civil Rule 77(k)(4), whichever is earlier;

(F) Granting or denying a request for reconsideration filed in the Alaska Workers' Compensation Appeals Commission under AS 23.30.128(f) or on the date the request is deemed denied pursuant to that section, whichever is earlier; or

(G) Granting or denying a petition for rehearing under Appellate Rule 506 in an appeal from an administrative agency other than the Alaska Workers' Compensation Appeals Commission.

(4) Motions That Terminate Time for Filing Appeals in Criminal Cases. In a criminal case, if a timely motion for a new trial or in arrest of judgment, or a timely motion for reconsideration has been filed in the superior court, or if a motion for reduction, correction, or suspension of sentence under Criminal Rule 35 has been made within the 30-day period following the date shown in the clerk's certificate of distribution on the judgment, an appeal from a judgment may be filed within 30 days after the date of notice of the order deciding the motion. Date of notice is defined in Criminal Rule 32.3(c). A timely motion for reconsideration filed in the trial court under Criminal Rule 42(k) is decided on the date of notice of the order deciding the motion, or on the date of denial of the motion pursuant to Criminal Rule 42(k)(4), whichever is earlier.

(5) Effect of Taxing of Costs and Prejudgment Interest and Awarding of Attorney's Fees; Effect of Pending Restitution Determination.

(A) The running of the time for filing an appeal is not terminated by proceedings related to the taxing of costs pursuant to Civil Rule 79, while awaiting calculation of prejudgment interest or proceedings related to the award of attorney's fees, or while awaiting determination of restitution under Criminal Rule 32.6 or Delinquency Rule 23.2. However, the statement of points on appeal filed pursuant to Appellate Rule 204(e) and the designation of transcript filed pursuant to Appellate Rule 210(b)(1) may be amended on motion by an appellant or cross-appellant to include the award or denial of costs and attorney's fees or prejudgment interest or issues relating to the determination of restitution and pertinent portions of the electronic record. These subjects will thereafter be considered part of the appeal if covered in the brief of appellant or cross-appellant. If no appeal is pending, a post-judgment order awarding or denying costs, attorney's fees, prejudgment interest, or restitutionmay be considered a final judgment subject to an appeal limited to issues of costs, attorney's fees, prejudgment interest, or restitution. Any subsequent appeals of this order allowed under paragraph (a)(2) of this rule also will be limited to issues of costs, attorney's fees, prejudgment interest, or restitution, unless the period for filing a notice of appeal on the underlying judgment has not yet expired.

(B) Notwithstanding Rule 203, the pendency of an appeal shall not divest the trial court of jurisdiction to consider the matters of costs and attorney's fees pursuant to Civil Rules 79 and 82 or AS 23.30.008(d), or issues relating to the determination of restitution.

(6) Premature Appeals. If a notice of appeal is filed after the announcement of a decision but before the date shown in the clerk's certificate of distribution on the judgment, the notice of appeal shall be treated as filed on the date shown in the clerk's certificate of distribution on the judgment.

(b) Appeal - How Taken. A party may appeal from a final order or judgment by filing a notice of appeal with the clerk of the appellate courts. The notice of appeal must identify the party taking the appeal, the final order or judgment appealed from, and the court to which the appeal is taken. The party must file the notice of appeal accompanied by the documents listed below:

(1) a completed docketing statement in the form prescribed by these rules, which includes a list of the parties to the appeal;

(2) a copy of the final order or judgment from which the appeal is taken and, if the order is a partial final judgment entered under Civil Rule 54(b), the Civil Rule 54(b) order;

(3) a statement of points on appeal as required by Rule 204(e);

(4) unless the party is represented by court-appointed counsel, the party is the state or an agency thereof, or the party is a prisoner found by the court to be eligible to pay less than full fees under AS 09.19.010,

(A) the filing fee required by Administrative Rule 9(a);

(B) a motion for waiver of filing fee pursuant to Administrative Rule 9(f)(1); or

(C) a motion to appeal at public expense pursuant to Rule 209;

(5) unless the party is represented by court-appointed counsel, the party is the state, municipality, or officer or agency thereof, or the party is an employee appealing denial of compensation by the Alaska Workers' Compensation Appeals Commission or denial of benefits under AS 23.20 (Employment Security Act),

(A) the cost bond or deposit re-qui red by Rule 204(c)(1);

(B) a copy of a superior court order approving the party's supersedeas bond or other security in lieu of bond or a copy of the party's motion to the superior court for approval of a supersede-as bond or other security;

(C) a motion for waiver of cost bond; or (D) a motion to appeal at public expense pursuant to Rule 209;

(6) a designation of transcript if the party intends to have portions of the electronic record transcribed pursuant to Rule 210(b); and

(7) proof of service of the notice of appeal and all required accompanying documents, except the filing fee, on all other parties to the appeal.

A party may move for an extension of time to file the statement of points on appeal and the designation of transcript. The clerk of the appellate courts shall refuse to accept for filing any notice of appeal not conforming to this paragraph and accompanied by the items specified in [1]-[7] or a motion to extend the time for filing item [3] or [6].

(c) Bond on Appeal.

(1) Unless a party is exempted by law, a bond for costs on appeal shall be filed with the notice of appeal in a civil case. The bond shall be in the sum of seven hundred fifty dollars ($750.00), unless the appellate court fixes a different amount or unless a supersedeas bond is filed, in which event no separate bond on appeal is required. The bond on appeal shall have sufficient surety and shall be conditioned to secure the payment of costs if the appeal is dismissed or the judgment affirmed, or such costs as the supreme court may award if the judgment is modified. If a bond on appeal in the sum of seven hundred fifty dollars ($750.00) is given, no approval thereof is necessary. After a bond on appeal is filed, an appellee may by motion raise objection to the form or amount of the bond or to the sufficiency of the surety which shall be determined by the appellate court. In lieu of filing such cost bond, the appellant may deposit in the office of the clerk of the appellate courts a sum of money reasonably sufficient to cover such costs, the amount thereof to be fixed by the appellate court.

(2) Notwithstanding paragraph (1), a bond for costs on appeal shall not be required in an appeal from a decision of the trial court in any criminal case or any civil case where an indigent party is entitled to court-appointed counsel, and a bond shall not be required from an employee appealing from a denial of compensation by the Alaska Workers' Compensation Appeals Commission or from a denial of a claim for benefits under AS 23.20 (Employment Security Act).

(d) Supersedeas Bond. Whenever in a civil case an appellant entitled thereto desires a stay on appeal, the appellant may present to the superior court for its approval a supersedeas bond which shall have such surety or sureties as the court requires. The bond shall be conditioned for the satisfaction of the judgment in full, together with costs and interest, if for any reason the appeal is dismissed or if the judgment is affirmed, and to satisfy in full such modification of the judgment and such costs and interest as the supreme court may adjudge and award. When the judgment is for the recovery of money not otherwise secured, the amount of the bond shall be fixed at such sum as will cover the whole amount of the judgment remaining unsatisfied, costs on the appeal, and interest, unless the superior court, after notice and hearing and for good cause shown, fixes a different amount or orders security other than the bond. When the judgment determines the disposition of the property in controversy as in real actions, replevin, and actions to foreclose mortgages or when such property is in the custody of the court or the state troopers or when the proceeds of such property of a bond for its value is in the custody or control of the court, the amount of the supersedeas bond shall be fixed at such sum only as will secure the amount recovered for the use and detention of the property, the cost of the action, costs on appeal, and interest, unless the superior court, after notice and hearing and for good cause shown, fixes a different amount or orders security other than the bond. The state or an officer or agency thereof or a municipality or an officer or agency thereof desiring a stay on appeal is exempted from the requirement of posting supersedeas bond imposed by this subsection.

(e) Statement of Points. At the time of filing the notice of appeal, the appellant shall serve and file a concise statement of the points on which appellant intends to rely in the appeal. The appellate court will consider only points included in the statement, and points that the court can address effectively without reviewing untranscribed portions of the electronic record. On motion in the appellate court, and for cause, the statement of points may be supplemented.

(f) Judgment Against Surety. By entering into an appeal or supersedeas bond given pursuant to subdivisions (c) and (d) of this rule, the surety submits to the jurisdiction of the superior court and irrevocably appoints the clerk of that court as the surety's agent upon whom any papers affecting the surety's liability on the bond may be served. The surety's liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the superior court prescribed may be served on the clerk of the superior court who shall forthwith mail copies to the surety if the surety's address is known.

(g) Parties to the Appeal. All parties to the trial court proceeding 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 are deemed to be appellees, regardless of their status in the trial court, unless otherwise ordered by the court. 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.

(h) Service of Documents. Papers filed or served in the appeal must be served on all parties, except appellees who have elected not to participate in the action.

(i) Joint or Consolidated Appeals. If two or more parties are entitled to appeal from a judgment or order of a court 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.

Alaska R. App. P. 204

SCO 439 effective 11/15/1980; amended by SCO 461 effective 6/1/1981; by SCO 510 effective 8/30/1982; by SCO 513 effective 10/1/1982; by SCO 554 effective 4/4/1983; by SCO 573 effective 2/1/1984; by SCO 574 effective 2/1/1984; by SCO 575 effective 2/1/1984; by SCO 726 effective 12/15/1986; SCO 794 effective 3/15/1987; by SCO 830 effective 8/1/1987; by SCO 847 effective 1/15/1988; by SCO 987 effective 1/15/1990; by SCO 995 effective 1/15/1990; by SCO 1019 effective 7/15/1990; by SCO 1069 effective 7/15/1991; by SCO 1153 effective 7/15/1994; by SCO 1155 effective 7/15/1994; by SCO 1162 effective 7/15/1994; by SCO 1238, effective 7/15/1996; by SCO 1248 effective 7/15/1996; by SCO 1272 effective 7/15/1997; by SCO 1279 effective 7/31/1997; by SCO 1284 effective 1/15/1998; by SCO 1470 effective 10/15/2002; and by SCO 1671 effective 10/15/2008; by SCO 1747 effective 10/14/2011; amended by SCO 1877 effective 10/15/2016; amended July 20, 2016 by Supreme Court Order No. 1885, effective 10/15/2016; amended by Supreme Court Order No. 1893, effective 8/10/2016; last amended by Supreme Court Order No. 1911, effective 10/16/2017.

AS 10.06.633, as enacted by ch. 166, § 1, SLA 1988, amended Appellate Rule 204 by requiring that certain documents must be filed in the notice of appeal from an involuntary dissolution of a corporation. AS 10.06.863, as enacted by ch. 166, § 1, SLA 1988, amended Appellate Rule 204 by requiring that certain documents must be filed in the notice of appeal from a revocation of a certificate of authority of a foreign corporation to transact business in Alaska. AS 10.06.915, as enacted by ch. 166, § 1, SLA 1988, amended Appellate Rule 204 by requiring that certain documents must be filed in the notice of appeal from the failure to approve articles of incorporation and certain other administrative actions.

Docketing Statements. The court system has prepared docketing statement forms, which are available from the Clerk of the Appellate Courts, 303 K Street, Anchorage, Alaska 99501, (907) 264-0612. Parties may prepare their own docketing statements instead of using the court system forms. However, such statements must include all of the information which appears on the court system forms and must follow the same numbering system. Parties should contact the Clerk of the Appellate Courts for further instructions on preparing their own docketing statements.

Note to SCO 1238: Ch. 79 § 1 SLA 1995 amends AS 09 by adding a new chapter related to prisoner litigation against the state. AS 09.19.010 prohibits the court from accepting any filing in an action governed by AS 09.19 until the filing fee required by AS 09.19.010 has been paid.

Section 17 of chapter 79 amends Appellate Rule 204(b)(4) to include the language "or the party is a prisoner whom the court finds is eligible to pay less than full fees under AS 09.19.010." Section 1 of this order is adopted for the sole reason that the legislature has mandated the amendment.

Note: 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 204 by postponing the deadlines for the filing of appeals to the supreme court and the court of appeals by a trust company when the Department of Community and Economic Development has taken possession of a trust company.