As amended through September 19, 2024
Rule 218 - Expedited Appeals in Cases I nvolving Children(a) Scope. This rule applies in the following classes of appeals, and in such appeals supersedes the other appellate rules to the extent that they may be inconsistent with this rule: (1) appeals from final judgments for custody of children, including judgments under AS 25.24.150, AS 25.20.060 or AS 25.20.110; (2) appeals from final judgments and decrees in adoption proceedings under AS 25.23; (3) appeals from final judgments in child-in- need-of-aid proceedings under AS 47.10; (4) appeals from final judgments in injunctive actions relating to domestic violence under AS 25.35.010, if the presence or absence of a provision relating to the custody of children in the judgment is an issue on the appeal; (5) appeals from final judgments rendered under the Uniform Child Custody Jurisdiction Act, AS 25.30; (6) appeals from final judgments concerning the guardianship of minors under AS 13.26.030 -- 085. (b) Jurisdictional Limitation. This rule does not permit an appeal to be taken in any circumstances in which an appeal would not be permitted by Rule 202. (c) Bifurcation of Appeals. (1) An appeal from the same final judgment which includes points related to the custody of children and points which do not relate to the custody of children (for example, property division or spousal support) will be treated as a single appellate action under this rule unless the court orders that the appeal be treated as two separate appeals for good cause shown. (2) If the appeal is bifurcated, the portion of the appeal relating to custody of children shall be treated as a separate appeal under this rule.The remainder of the appeal shall be treated as a separate appeal under the other appellate rules relating to appeals in civil actions generally. For purposes of Rule 203, each portion is a separate action, and the pendency of one portion in the appellate court shall not divest the trial court of jurisdiction over the other portion. (d) Notice of Appeal and Cross Appeal. The notice of appeal in an appeal under this rule shall be filed with the clerk of the appellate courts within 15 days after the date shown in the clerk's certificate of distribution on the order or judgment. The notice of appeal shall be accompanied by the items specified in Appellate Rule 204(b) [1]-[7]. The notice must indicate that the appeal is being filed pursuant to this rule, but the supreme court will apply this rule to cases within its scope whether they are so identified or not. A notice of cross appeal may be filed within 14 days after the notice of appeal is filed. (e) Time for Completion of Record. Rule 210 shall apply except that the time for completion of the transcript and page numbering shall be within 30 days after filing of the notice of appeal. (f) Serving and Filing Briefs. (1) Notwithstanding Rule 212(a) (1), the time for serving and filing the appellant's brief shall be 20 days after notice of certification of the record has been served, the time for service and filing of the appellee's brief shall be 20 days, and the time for service and filing of the reply brief shall be 10 days. (2) The briefs shall be in the form prescribed by Rule 212(b) and (c).They shall be filed and printed as provided in Rule 212(a). The remaining ten copies shall be filed, and two copies served on each party, within ten days after the original is returned to counsel for duplication and binding.(g) Oral Argument. If oral argument is requested, it may be held on an expedited basis or telephonically under Rule 505(g) as necessary to ensure an expeditious resolution. The parties' right to oral argument and the procedures governing oral argument are set out in Rule 505. (h) Disposition of Appeals. Appeals under this rule will be decided expeditiously by the court. (i) Extensions of Time. A motion to extend a time period referred to in this rule is not a "routine" motion within the meaning of Rule 503(e). (j) Waiver. If an appeal is within the scope of paragraph (a) of this rule, the court will not entertain a motion to waive this rule and consider the appeal under the other appellate rules relating to civil actions generally, unless the motion is filed with a timely notice of appeal and all parties to the appeal, including the guardian ad litem, if any, consent to the motion. SCO 579 effective 2/1/1984; amended by SCO 825 effective 8/1/1987; by SCO 888 effective 7/15/1988; by SCO 1004 effective 1/15/1990; by SCO 1112 effective 1/15/1993; by SCO 1155 effective 7/15/1994; by SCO 1369 effective 4/15/2000; by SCO 1433 effective 10/15/2001; and by SCO 1598 effective 10/15/2006; and by SCO 1765 effective 10/14/2011; amended July 20, 2016 by Supreme Court Order No. 1885, effective 10/15/2016.