Alaska R. App. P. 503.5

As amended through March 21, 2024
Rule 503.5 - Extensions of Time for Filing Briefs
(a) General. Unless otherwise ordered by the court, this rule applies to extensions of time for filing briefs. This rule also applies to memoranda filed under Appellate Rules 215(g), 216, and 216.5.
(b) Routine Extensions of Time by Notice.
(1) Except as provided in subparagraph (b)(3), by filing notice, an appellant may obtain routine extensions not to exceed 30 days for the opening brief and 15 days for the reply brief; and an appellee may obtain routine extensions not to exceed thirty days.
(2) The notice must be filed on or before the due date and must state:
(A) the original due date for the brief;
(B) the current due date, if that is a different date;
(C) the length of extension; and
(D) the new due date.
(3) Routine extensions by notice may not be filed in the following matters:
(A) appeals filed under Rules 215, 216, 216.5, 218, and 219 .
(B) appeals filed by the prosecution challenging the dismissal of an indictment or challenging the dismissal of criminal charges;
(C) matters relating to attorney discipline or disability; and
(D) any other expedited matter.
(c) Non-Routine Extensions of Time by Motion. An extension of time not addressed by subsection (b) must be requested by motion. A party may request an extension of time by motion under paragraph (1) or (2) at any time before the party's brief is due, either originally or as extended.
(1)Motion for Non-Routine Extension Based Upon a Showing of Diligence and Substantial Need. A party may obtain up to 30 additional days for the opening or the appellee's brief and the appellant may obtain up to 15 additional days for the reply brief upon a showing of diligence and substantial need. A conclusory statement as to the press of business does not constitute a showing of diligence and substantial need.
(2)Motion for Non-Routine Extension Based upon a Showing of Extraordinary and Compelling Circumstances. An extension that would extend the time for filing a brief beyond the time allowed under subsection (b) and paragraph (c)(1) will be granted only upon a showing of extraordinary and compelling circumstances. Along with the requirements stated in paragraph (3), the affidavit accompanying the motion must include a detailed explanation of the extraordinary and compelling circumstances that prevent completion of the brief within the time allowed. Factors the court may consider in determining the existence of extraordinary and compelling circumstances include: the nature and foreseeability of intervening events, pre-existing commitments, the extent of the party's or attorney's control over the circumstances that prevent completion of the brief, the nature of the case, and any prejudice to the parties.
(3)General Requirements. The motion must be filed on or before the due date, and must be accompanied by an affidavit stating:
(A) when the brief is due;
(B) when the brief was first due and the number and length of previous extensions;
(C) the length of the requested extension and requested due date;
(D) a detailed explanation of the reason that an extension is necessary; and
(E) that the brief will be filed within the time requested.
(4) A motion without a compliant affidavit will be rejected by the clerk of court.
(5) Motions for non-routine extensions of time will be decided by a single justice or judge.
(d) Oppositions to Motions for Extension. If a timely opposition to a motion for extension is received after the motion for extension is granted, the opposition will be treated as a motion for reconsideration and will be assigned to a justice or judge for determination pursuant to Rule 503(f).
(e) Request for Scheduling Conference in Exceptional Circumstances. Within 30 days of the notice of appeal, any party may request a scheduling conference with the clerk of court if, due to unusual scheduling issues or the complexity of the case, the party believes that the schedule for briefing and this rule's provisions for extensions are not adequate or should not apply. Following a scheduling conference, the clerk of court may issue a briefing schedule that deviates from the standard deadlines.

Alaska R. App. P. 503.5

SCO 871 effective 7/15/1988; amended by SCO 926 effective 1/15/1989; by SCO 1209 effective 7/15/1995; by SCO 1279 effective 7/31/1997; by SCO 1842 effective 4/15/2015; by Supreme Court Order No. 1893, effective 8/10/2016.