Alaska Notice of Appeal to the Supreme Court

NOTICE OF APPEAL

Alaska Supreme Court

1. ATTORNEY / PARTY INFORMATION AND CAPTION

[________________________________]
Alaska Bar No. [________]
[________________________________] (Firm Name)
[________________________________] (Mailing Address)
[________________________________], Alaska [________]
Telephone: [________________________________]
Facsimile:  [________________________________]
Email:      [________________________________]
Attorney for [☐ Appellant / ☐ Cross-Appellant]

IN THE SUPREME COURT OF THE STATE OF ALASKA


[________________________________],
          [Plaintiff/Petitioner]-Appellant,       Supreme Court No. ________________

     vs.                                          Trial Court Case No.
                                                  [________________________________]
[________________________________],
          [Defendant/Respondent]-Appellee.

On Appeal from the Superior Court of the State of Alaska,
[________________________________] Judicial District, at [________________________________]
The Honorable [________________________________], Superior Court Judge

2. NOTICE OF APPEAL

TO THE CLERK OF THE APPELLATE COURTS AND TO ALL PARTIES AND THEIR ATTORNEYS:

PLEASE TAKE NOTICE that pursuant to Alaska Rule of Appellate Procedure 204, [________________________________] ("Appellant"), the [☐ Plaintiff / ☐ Defendant / ☐ Petitioner / ☐ Respondent / ☐ Intervenor / ☐ Third-Party Defendant] in the above-captioned matter, hereby appeals to the Supreme Court of the State of Alaska from the:

☐ Final Judgment
☐ Final Order
☐ Final Decree
☐ Interlocutory Order (petition for review under Appellate Rule 215)
☐ Other Appealable Determination: [________________________________]

entered on [__/__/____] by the Honorable [________________________________], Superior Court Judge, in the Superior Court for the State of Alaska, [________________________________] Judicial District, at [________________________________].

Description of Judgment or Order Appealed From:

[________________________________]
[________________________________]
[________________________________]

3. BASIS FOR APPELLATE JURISDICTION

This appeal is authorized by the following:

☐ Appellate Rule 202(a) — Final judgment in a civil action
☐ Appellate Rule 202(b) — Order granting or denying a new trial
☐ Appellate Rule 202(c) — Order granting or refusing to grant an injunction or dissolving or refusing to dissolve an injunction
☐ Appellate Rule 202(d) — Order appointing a receiver
☐ Appellate Rule 202(e) — Interlocutory judgment under Civil Rule 54(b)
☐ Appellate Rule 215 — Petition for review of interlocutory order (granted on [__/__/____])
☐ AS 22.05.010 — General appellate jurisdiction of the Supreme Court
☐ Other: [________________________________]

Note on Alaska's Appellate Structure

Alaska has a two-tier appellate system:

• Alaska Supreme Court: Hears all civil appeals from the Superior Court, as well as appeals from administrative agencies and certain other tribunals. This is the sole appellate court for civil matters.
• Alaska Court of Appeals: Hears criminal appeals, including post-conviction relief matters, under AS 22.07.020. Criminal appeals should be directed to the Court of Appeals, not the Supreme Court.

This template is designed for civil appeals to the Supreme Court. For criminal appeals, use the Court of Appeals notice of appeal form.

4. TIMELINESS OF APPEAL (Appellate Rule 204(a))

Post-Judgment Motions Tolling the Appeal Period

Under Appellate Rule 204(a)(1), the filing of certain timely post-judgment motions extends the time for filing the notice of appeal. The appeal period runs from the date of entry of the order disposing of the last such motion. Indicate which, if any, were filed:

☐ Motion for judgment as a matter of law under Civil Rule 50(b) — Filed [__/__/____]; Decided [__/__/____]
☐ Motion to amend or make additional findings under Civil Rule 52(b) — Filed [__/__/____]; Decided [__/__/____]
☐ Motion for new trial under Civil Rule 59 — Filed [__/__/____]; Decided [__/__/____]
☐ Motion for relief from judgment under Civil Rule 60(b) — Filed [__/__/____]; Decided [__/__/____]
☐ No post-judgment tolling motions were filed

Deadline Calculation: Under Appellate Rule 204(a)(1), the notice of appeal must be filed within 30 days after the date shown in the clerk's certificate of distribution of the judgment or order appealed from. This is the date the clerk distributes (mails or delivers) the judgment or order to the parties.

Cross-Appeal: Under Appellate Rule 204(a)(2), a cross-appeal must be filed within 30 days after the date of the clerk's certificate of distribution or within 14 days after the first notice of appeal was filed, whichever is later.

5. DESIGNATION OF PARTIES ON APPEAL

6. STATEMENT OF POINTS ON APPEAL (Appellate Rule 204(e))

Pursuant to Appellate Rule 204(e), Appellant identifies the following issues to be raised on appeal. Under Appellate Rule 210(e), the statement of points must be filed with the notice of appeal:

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

Note: Under Appellate Rule 210(e), the statement of points on appeal and the designation of transcript may be amended by motion. However, failure to include an issue in the statement of points may limit the scope of appellate review. The statement of points should be comprehensive.

7. DESIGNATION OF RECORD ON APPEAL (Appellate Rule 210)

Under Appellate Rule 210(a)(1), the following documents and portions of the trial court record are designated for inclusion in the record on appeal:

A. Designation of Record Proper

☐ All pleadings and motions
☐ All orders, judgments, and decrees
☐ Jury instructions (if applicable)
☐ Exhibits admitted at trial (specify): [________________________________]
☐ Deposition transcripts (specify): [________________________________]
☐ Other documents: [________________________________]

B. Designation of Transcript (Appellate Rule 210(b))

Appellant designates the following portions of the trial proceedings for transcription:

Transcript Ordering Deadline: Under Appellate Rule 210(b)(2), the appellant must order the transcript within 10 days after filing the notice of appeal and must file proof of the transcript order with the clerk of the appellate courts.

☐ Appellant has ordered the transcript(s) listed above
☐ Appellant will order the transcript(s) within 10 days
☐ No transcript is required for this appeal

C. Statement Re: Transcript (Form AP-405)

Under Appellate Rule 210(b), Appellant [☐ has filed / ☐ will file within 10 days] the Statement Re: Transcript (Form AP-405) with the clerk of the appellate courts.

D. Agreed Statement

☐ The parties will proceed by agreed statement under Appellate Rule 210(c)
☐ Not applicable

8. FILING FEE (Appellate Rule 204(h))

Appellant certifies the following regarding the filing fee:

☐ The required filing fee of $250.00 has been paid (see Administrative Rule 9)
☐ Application for waiver of filing fees and costs (Form SHS-AP 130) has been filed under Appellate Rule 204(h)(2)
☐ Fee waiver has been granted (order attached)

Payment: The filing fee must accompany the notice of appeal. Checks or money orders should be made payable to "Clerk of Court." Payment is submitted to the Clerk of the Appellate Courts at:

Alaska Appellate Courts
303 K Street
Anchorage, AK 99501-2084
Telephone: (907) 264-0612

9. COST BOND (Appellate Rule 204(c))

Under Appellate Rule 204(c)(1), the appellant must file a cost bond in the amount of $750.00 at the time of filing the notice of appeal, unless:

☐ The cost bond of $750.00 has been filed (cash or surety bond)
☐ A fee waiver covering the cost bond has been granted
☐ The appellant is exempt from the cost bond (specify basis): [________________________________]
☐ A motion to waive or reduce the cost bond has been filed

Note on Cost Bond Distribution: If the appellant prevails, the cost bond is refunded. If the appellant loses, the bond is applied toward the appellee's taxable costs up to $750.00, with the appellant responsible for any excess. See Appellate Rule 508.

10. SUPERSEDEAS BOND / STAY PENDING APPEAL (Appellate Rule 503)

Appellant [☐ has obtained / ☐ has not obtained / ☐ will seek] a stay of the judgment or order pending appeal.

Stay Application

☐ Appellant has obtained a stay from the Superior Court under Appellate Rule 503
☐ Appellant will apply to the Supreme Court for a stay under Appellate Rule 503(b)
☐ Appellant has posted a supersedeas bond in the amount of $[________________________________]
☐ No stay is being sought at this time

Supersedeas Bond Requirements

Under Appellate Rule 503, a party seeking a stay of a money judgment must post a supersedeas bond in an amount set by the Superior Court. The bond guarantees that the appellant will pay the judgment if the appeal is unsuccessful. The Superior Court has discretion to set the bond amount, which typically covers the judgment, interest, and costs.

Automatic Stay: There is no automatic stay in civil cases upon the filing of a notice of appeal. A stay must be affirmatively sought from the trial court or the Supreme Court.

11. INTERLOCUTORY APPEALS — PETITION FOR REVIEW (Appellate Rule 215)

If this appeal involves an interlocutory order, a Petition for Review must be filed separately:

☐ Not applicable — this is an appeal from a final judgment or order
☐ A Petition for Review under Appellate Rule 215 was filed on [__/__/____]
☐ The Petition for Review was granted on [__/__/____]

Interlocutory Review Standard: Under Appellate Rule 215(a), the Supreme Court may grant review of an interlocutory order if it involves a controlling question of law on which there is a substantial ground for difference of opinion and an immediate appeal may materially advance the ultimate termination of the litigation.

12. RELIEF REQUESTED

Appellant respectfully requests that the Alaska Supreme Court:

☐ Reverse the judgment/order appealed from
☐ Modify the judgment/order as follows: [________________________________]
☐ Vacate the judgment/order and remand for further proceedings
☐ Remand with specific instructions: [________________________________]
☐ Award costs on appeal under Appellate Rule 508
☐ Grant such other relief as the Court deems just and equitable

13. SIGNATURE

DATED: [__/__/____]

                                        Respectfully submitted,

                                        [________________________________]
                                        (Firm Name)


                                        By: _________________________________________
                                            [________________________________]
                                            Attorney for Appellant
                                            Alaska Bar No. [________]
                                            [________________________________] (Address)
                                            [________________________________]
                                            Telephone: [________________________________]
                                            Email: [________________________________]

14. CERTIFICATE OF SERVICE (Appellate Rule 513.5)

I hereby certify that on [__/__/____], a true and correct copy of the foregoing NOTICE OF APPEAL, together with the Statement of Points on Appeal, Designation of Record, and all accompanying documents, was served upon the following by the method(s) indicated:

Service on Parties

Service on Court Officials

☐ Clerk of the Superior Court at [________________________________]
☐ Trial Court Judge: Hon. [________________________________]

DATED: [__/__/____]

                                        _________________________________________
                                        [________________________________]
                                        (Signature)

15. DOCUMENTS TO FILE WITH NOTICE OF APPEAL

Under Appellate Rule 204(b), the following documents must accompany the Notice of Appeal:

☐ Notice of Appeal (this document)
☐ Statement of Points on Appeal (Appellate Rule 204(e) / 210(e))
☐ Designation of Record on Appeal (Appellate Rule 210(a)(1))
☐ Designation of Transcript or Certificate that No Transcript is Required (Appellate Rule 210(b))
☐ Filing Fee of $250.00 (or fee waiver order)
☐ Cost Bond of $750.00 (or fee waiver order)
☐ Statement Re: Transcript (Form AP-405) — within 10 days
☐ Certificate of Service on all parties and the trial court clerk
☐ Copy of the judgment or order appealed from (recommended)

16. CHECKLIST FOR FILING

Before filing this Notice of Appeal, confirm completion of the following:

☐ Notice of Appeal completed with all required information
☐ Filed within 30 days of the clerk's certificate of distribution of the judgment/order
☐ Statement of Points on Appeal included
☐ Designation of Record and Transcript filed
☐ Filing fee of $250.00 paid (or fee waiver obtained)
☐ Cost bond of $750.00 posted (or waiver obtained)
☐ Transcript ordered within 10 days and proof of order filed
☐ Statement Re: Transcript (Form AP-405) filed within 10 days
☐ Certificate of Service completed and served on all parties and trial court clerk
☐ Stay/supersedeas bond application filed, if applicable
☐ Calendar reminders set for briefing deadlines (opening brief due 30 days after record is complete)

PRACTICE TIPS AND COMMON PITFALLS

Deadline Calculation

1. 30-Day Filing Deadline (Appellate Rule 204(a)(1)): The 30-day period begins from the date of the clerk's certificate of distribution of the judgment or order. This is the date the clerk mails or delivers the judgment — not the date the judge signs it or the date you receive it. Always verify the distribution date with the clerk's office.

2. Tolling by Post-Judgment Motions: Timely motions under Civil Rules 50(b), 52(b), 59, or 60(b) toll the appeal period. The new 30-day clock starts from the clerk's certificate of distribution of the order disposing of the last such motion.

3. Premature Notice of Appeal: A notice of appeal filed before the entry of the judgment or order may be treated as filed on the date the judgment is entered, but this is risky. Confirm with the clerk's office.

Filing Requirements

4. Multiple Documents Required: Alaska requires the most documents at the time of filing the notice of appeal. The notice itself, the statement of points, the designation of record, the filing fee, and the cost bond must all be submitted together. Missing any one of these may delay or prevent docketing.

5. Cost Bond is Separate from Filing Fee: The $250.00 filing fee and the $750.00 cost bond are separate payments — a total of $1,000.00 must accompany the notice of appeal unless waivers are obtained.

6. Fee Waiver (Form SHS-AP 130): Individuals with income below 125% of the federal poverty guidelines may qualify for a waiver of both the filing fee and the cost bond. The waiver must be granted before the appeal is officially docketed.

Statement of Points

7. Be Comprehensive: The statement of points on appeal defines the scope of the appeal. While it can be amended by motion under Appellate Rule 210(e), the initial statement should be as comprehensive as possible. Omitted issues may be waived.

8. Preservation Matters: Each point on appeal should correspond to an issue that was properly preserved in the trial court through objection, motion, or other means. Unpreserved issues may be reviewed only for plain error.

Transcript and Record

9. 10-Day Transcript Ordering Deadline: This is among the shortest transcript ordering deadlines in the nation. Contact the court reporter or recording services immediately upon deciding to appeal. File proof of the transcript order with the clerk of the appellate courts.

10. Form AP-405: The Statement Re: Transcript must be filed within 10 days of the notice of appeal. This form confirms that transcripts have been ordered and provides details about the expected completion date.

11. Electronic Recording: Many Alaska Superior Court proceedings are recorded electronically rather than by a court reporter. Confirm the recording method and the process for ordering transcripts from electronic recordings.

Standards of Review in Alaska

12. De Novo: Questions of law, statutory interpretation, constitutional issues, and the grant or denial of summary judgment.
13. Abuse of Discretion: Evidentiary rulings, discovery orders, sanctions, attorney fee awards, child custody determinations, and other discretionary trial court decisions.
14. Clearly Erroneous: Findings of fact by the trial court will not be set aside unless clearly erroneous. A finding is clearly erroneous when, although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been made.
15. Substantial Evidence: In administrative appeals, agency findings are reviewed for substantial evidence in the record as a whole.
16. Independent Judgment: Constitutional facts and certain mixed questions of law and fact receive independent review.

Common Mistakes

17. Forgetting the Cost Bond: Many appellants pay the filing fee but forget the separate $750.00 cost bond. Both are required.
18. Missing the 10-Day Transcript Deadline: Contact the court reporter or recording services before filing the notice of appeal to ensure a prompt transcript order.
19. Incomplete Statement of Points: A vague or incomplete statement of points may limit the scope of the appeal. Be specific about each issue.
20. Appealing to the Wrong Court: Civil appeals go to the Supreme Court; criminal appeals go to the Court of Appeals. Filing in the wrong court wastes critical time.
21. Failing to Verify the Distribution Date: The 30-day period runs from the clerk's certificate of distribution, which may differ from the date the judgment was signed or entered.

SOURCES AND REFERENCES

• Alaska Rules of Appellate Procedure: https://courts.alaska.gov/rules/docs/app.pdf
• Alaska Court System — Appeals Self-Help: https://courts.alaska.gov/shc/appeals/
• Alaska Court System — Filing Fee and Costs: https://courts.alaska.gov/shc/appeals/payforappeal.htm
• Alaska Court System — Starting the Appeal: https://courts.alaska.gov/shc/appeals/print_appealsstart.htm
• Appellant Instructions (Form AP-210): https://public.courts.alaska.gov/web/forms/docs/ap-210.pdf
• Cost Bond Order (Form AP-130): https://public.courts.alaska.gov/web/forms/docs/ap-130.pdf
• AS 22.05.010 (Supreme Court Jurisdiction)
• AS 22.07.020 (Court of Appeals Jurisdiction)
• Alaska Administrative Rule 9 (Court Fees)