Alaska R. App. P. 502

As amended through May 30, 2024

Rule 502 - Time-Computation and Extension

(a) Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run is not to be included. The last day of the period is to be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. When the period of time prescribed or allowed is less than seven days, not counting any period added for mailing under subsection (c) of this rule, intermediate Saturdays, Sundays and holidays shall be excluded in the computation. A half holiday shall be considered as other days and not as a holiday.

(b) Extensions of Time. When by these rules or by a notice given thereunder or by order of the appellate court an act is required or allowed to be done at or within a specified time, the appellate court may in its discretion, either on motion of a party, showing good cause, or sua sponte:

(1) Extend the time period, either before or after its expiration or

(2) Validate an act done after the expiration of the time period.

Motions to extend a time period, or to validate an act done after the expiration of the time period, must comply with Rule 503. Time periods specified in the Appellate Rules, including time periods for doing an act or filing a document in the trial court, may be extended only by the appellate courts and not by the trial court. In a matter requesting review of or appealing a criminal conviction or sentence, this rule does not authorize an appellate court, or the superior court acting as an intermediate appellate court, to validate the filing of a notice of appeal, petition for review, or petition for hearing more than 60 days after the expiration of the time specified in the rule or statute or in the last extension of time previously granted.

(c) Additional Time After Service or Distribution by Mail. Whenever a party has the right or is required to act within a prescribed number of days after the service or distribution of a document, and the document is served or distributed by mail, three calendar days shall be added to the prescribed period. However, no additional time shall be added if a court order specifies a particular calendar date by which an act must occur.

Alaska R. App. P. 502

SCO 439 effective 11/15/1980; amended by SCO 554 effective 4/4/1983; by SCO 1153 effective 7/15/1994; by SCO 1155 effective 7/15/1994; by SCO 1341 effective 9/10/1998; by SCO 1524 effective 10/15/2005; by SCO 1639 effective 10/15/2007; by SCO 1681 effective 1/1/2009; by SCO 1694 effective 10/15/2009; and by SCO 1884 effective 8/1/2016; amended by SCO 1875 effective 3/9/2021; and by SCO 1995 which rescinded SCO 1875 effective 11/29/2022.

Note to SCO 1341: Appellate Rule 502(b) was amended by § 10 ch. 95 SLA 1998 to prohibit the court from allowing an appeal or request for review of a criminal conviction or sentence to be filed more than 60 days after the expiration of the time specified in the rule or statute or in the last extension of time previously granted. 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 502 by postponing the deadlines set in the Alaska Rules of Appellate Procedure for the filing of documents by a trust company when the Department of Community and Economic Development has taken possession of the trust company.

Note Civil Rule 6(a), Criminal Rule 40(a), and Appellate Rule 502(a) are amended on a temporary basis as follows: Any filing that is due on a day that the court is closed for either a full day or a partial day will be considered timely filed if it is filed by close of business on the next regular business day. Any day the court is closed for a full weekday or partial weekday will be considered a "legal holiday" for the purposes of time computation. Court closures will be announced on the Alaska Court System website at http://courts.alaska.gov/.