Alaska State Court Motion for Reconsideration (Civil)

MOTION FOR RECONSIDERATION OF [DESCRIBE RULING — E.G., ORDER DENYING DEFENDANT'S MOTION TO DISMISS]

[MOVANT NAME] ("Movant"), the [Plaintiff/Defendant], moves this Court under Alaska R. Civ. P. 77(k) to reconsider its [Order/Ruling] entered [__/__/____] (the "Ruling"). This Motion is filed within ten (10) days after the date of notice of the Ruling as defined in Alaska R. Civ. P. 58.1(c). In support, Movant states:

I. INTRODUCTION

1. Movant seeks reconsideration of the Ruling, which [describe what the Court decided]. The notice of the Ruling, as defined in Alaska R. Civ. P. 58.1(c), was [given/mailed/distributed] on [__/__/____].

2. Reconsideration is warranted under Alaska R. Civ. P. 77(k) because, in reaching its decision, the Court [☐ overlooked, misapplied, or failed to consider a directly controlling statute, decision, or principle / ☐ overlooked or misconceived a material fact or proposition of law / ☐ overlooked or misconceived a material question in the case / ☐ applied law that has since been changed by court decision or statute], as set forth below.

3. Consistent with the framework for reconsideration generally, Movant's grounds correspond to [☐ an intervening change in controlling law / ☐ new or overlooked material facts / ☐ the correction of clear error or manifest injustice].

II. THE SPECIFIC RULING TO BE RECONSIDERED

4. On [__/__/____], the Court entered the Ruling, which [state precisely what the Court decided — the holding, the relief granted or denied, and as to which issue(s)].

5. The portion of the Ruling Movant asks the Court to reconsider is: [designate the specific portion of the ruling, the memorandum, the record, or the particular authority the movant wishes the Court to consider, as required by Alaska R. Civ. P. 77(k)(2)].

6. Timeliness. This Motion is filed on [__/__/____], within ten (10) days after the date of notice of the Ruling. Alaska R. Civ. P. 77(k). [If filed late: Good cause exists to accept this later filing because [explain].]

III. LEGAL STANDARD

7. Alaska R. Civ. P. 77(k) provides that "[a] motion to reconsider the ruling shall be made within ten days after the date of notice of the ruling as defined in Civil Rule 58.1(c) unless good cause is shown why a later filing should be accepted. In no event shall a motion to reconsider a ruling be made more than ten days after the date of notice of the final judgment in the case."

8. Under Rule 77(k)(1), a party may move the court to reconsider a ruling previously decided if, in reaching its decision:
   - (i) the court has overlooked, misapplied, or failed to consider a statute, decision, or principle directly controlling; or
   - (ii) the court has overlooked or misconceived some material fact or proposition of law; or
   - (iii) the court has overlooked or misconceived a material question in the case; or
   - (iv) the law applied in the ruling has been subsequently changed by court decision or statute.

9. The motion must "specifically state which of the grounds for reconsideration . . . exists" and must "specifically designate that portion of the ruling, the memorandum, or the record, or that particular authority, which the movant wishes the court to consider." Alaska R. Civ. P. 77(k)(2). The motion and supporting memorandum "shall not exceed five pages." Id.

10. Procedure. "No response shall be made to a motion for reconsideration unless requested by the court, but a motion for reconsideration will ordinarily not be granted in the absence of such a request." Alaska R. Civ. P. 77(k)(3). The motion "shall be decided by the court without oral argument," and "[i]f the motion for reconsideration has not been ruled upon by the court within 20 days from the date of the filing of the motion, or within 20 days of the date of filing of a response requested by the court, whichever is later, the motion shall be taken as denied." Alaska R. Civ. P. 77(k)(4).

IV. ARGUMENT

Ground(s) Asserted Under Rule 77(k)(1) (check all that apply)

☐ (i) Overlooked/misapplied/failed to consider a directly controlling statute, decision, or principle
☐ (ii) Overlooked or misconceived a material fact or proposition of law
☐ (iii) Overlooked or misconceived a material question in the case
☐ (iv) Law applied in the ruling has since been changed by court decision or statute

A. The Ruling Overlooked or Misapplied Directly Controlling Authority / Material Law [Rule 77(k)(1)(i)–(ii)]

11. The Ruling rested on [state the legal premise]. The Court, however, overlooked / misapplied [identify the directly controlling statute, decision, or principle, with exact citation — e.g., AS § [____] or [CASE], ___ P.3d ___ (Alaska [YEAR])].

12. Correctly applied, that authority requires [explain the different result]. Movant designates the following for the Court's consideration: [pinpoint the portion of the ruling/memorandum/record/authority].

B. The Ruling Overlooked or Misconceived a Material Fact or Question [Rule 77(k)(1)(ii)–(iii)]

13. The Court overlooked or misconceived the following material [fact/question]: [describe, with citation to the record at [____]].

14. Properly considered, this [fact/question] is material because [explain how it changes the analysis or result].

C. Intervening Change in the Law [Rule 77(k)(1)(iv)]

15. After the Court's decision, the law applied in the Ruling was changed by [identify the new decision or statute, with exact citation]. The change [describe], which requires reconsideration of the Ruling because [explain].

V. RELIEF REQUESTED

16. WHEREFORE, Movant respectfully requests that this Court:

a. GRANT this Motion for Reconsideration under Alaska R. Civ. P. 77(k);

b. VACATE or MODIFY the Ruling entered [__/__/____] and, upon reconsideration, enter [state the specific relief sought]; and

c. Grant such other and further relief as the Court deems just and proper.

VI. NOTE ON TIMING AND APPELLATE DEADLINES

17. Ten-day deadline. A Rule 77(k) motion must be filed within ten (10) days after the date of notice of the ruling (Alaska R. Civ. P. 58.1(c)), unless the Court finds good cause for a later filing, and in no event more than ten days after notice of final judgment. Alaska R. Civ. P. 77(k).

18. Deemed denied at 20 days. If the Court does not rule within 20 days after filing (or within 20 days after any response the Court requests, whichever is later), the Motion is deemed denied. Alaska R. Civ. P. 77(k)(4). Movant should calendar this date.

19. Effect on appeal. Confirm the effect of this Motion on the time to appeal under the Alaska Rules of Appellate Procedure before relying on it to extend any appellate deadline. A motion directed at an interlocutory ruling does not create a right of immediate appeal. If the challenged decision is a FINAL judgment, consider whether a Rule 59 or Rule 60(b) motion is the proper vehicle (separate templates).

VII. PROPOSED ORDER

A proposed order is submitted contemporaneously herewith.

[PROPOSED] ORDER ON MOTION FOR RECONSIDERATION

The Court, having considered Movant's Motion for Reconsideration under Alaska R. Civ. P. 77(k) [and any response requested by the Court], finds the Motion is GRANTED. The [Order/Ruling] entered [__/__/____] is VACATED/MODIFIED as follows: [state ruling].

DATED at [CITY], Alaska, this ____ day of __________, 20____.

_________________________________
Superior Court Judge

VIII. SIGNATURE

DATED at [CITY], Alaska, this ____ day of __________, 20____.

_________________________________
[ATTORNEY NAME]
Attorney for [Movant]
Alaska Bar No.: [________________]
[FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
Telephone: [____________]
Email: [____________]

IX. CERTIFICATE OF SERVICE

I certify that on this ____ day of __________, 20____, a true and correct copy of the foregoing Motion for Reconsideration and proposed order was served upon counsel for (or upon) the adverse party in accordance with Alaska R. Civ. P. 5, by [the court's electronic filing system / U.S. Mail, first class postage prepaid / hand delivery] addressed to:

[OPPOSING COUNSEL / PARTY NAME]
[ADDRESS]
[EMAIL]

_________________________________
[ATTORNEY NAME]

Sources & References

• Alaska R. Civ. P. 77(k) — Motions for Reconsideration: 10-day deadline (notice of ruling per Rule 58.1(c)); enumerated grounds (k)(1)(i)–(iv); 5-page limit (k)(2); no response unless court requests (k)(3); deemed denied if not ruled on within 20 days (k)(4). https://courts.alaska.gov/rules/
• Alaska Supreme Court Order No. 720 (eff. Dec. 15, 1986) — source of the enumerated grounds and procedure for reconsideration (formerly Civil Rule 77(m); currently Rule 77(k)). https://courts.alaska.gov/sco/docs/sco720.pdf
• Alaska R. Civ. P. 58.1(c) — definition of "date of notice" of a ruling, which starts the 10-day clock.
• Alaska R. Civ. P. 77 — motion practice generally (service, opposition, reply, oral argument).
• Alaska R. Civ. P. 5 — service of pleadings and other papers.
• Alaska R. Civ. P. 59 / 60(b) — new trial / relief from final judgment (separate post-judgment mechanisms and templates).