Section 8 AAC 57.130 - Briefing schedule(a) On receipt of both the record on appeal, as provided in 8 AAC 57.110, and the transcripts, as provided in 8 AAC 57.120(h), the chair will issue a written notice to the parties of the briefing schedule.(b) An appellant's brief must be filed not later than 30 days after the date shown in the certificate of distribution, unless distributed by mail, of the notice of the briefing schedule issued under (a) of this section.(c) An appellee's brief must be filed not later than 30 days after the date shown in the certificate of service, unless served by mail, of the appellant's brief If there is more than one appellant, an appellee's brief must be filed not later than 30 days after the date shown in the certificate of service, unless served by mail, of the last appellant's brief that is filed.(d) An appellant may file a reply brief, or a notice that no reply brief will be filed, not later than 20 days after the date shown in the certificate of service, unless served by mail, of the appellee's brief If there is more than one appellee, the reply brief or notice that no reply brief will be filed may be filed not later than 20 days after the date shown in the certificate of service, unless served by mail, of the last appellee's brief that is filed.(e) In a cross-appeal, an appellee who is also a cross-appellant shall file a single brief that satisfies the requirements provided in 8 AAC 57.150(g) not later than 30 days after the date shown in the certificate of service, unless served by mail, of the appellant's brief (f) In a cross-appeal, an appellant who is also a cross-appellee shall file a single reply brief that satisfies the requirements provided in 8 AAC 57.150(h) not later than 30 days after the date shown in the certificate of service, unless served by mail, of the brief from the appellee who is cross-appealing.(g) On or before the date a party's brief is due, the party shall file with the commission (1) its original brief and three copies;(2) its original excerpt of record or supplemental excerpt of record and three double-sided copies; and(3) proof of service on each of the other parties, as provided in 8 AAC 57.040 or 8 AAC 57.050, of one copy of the brief and one copy of the excerpt of record or supplemental excerpt of record.(h) If a party files a brief and excerpt of record by electronic mail or facsimile transmission, that party must either (1) hand-deliver the three copies of the brief and three double-sided copies of the excerpt of record to the commission; or(2) mail the three copies of the brief and three double-sided copies of the excerpt of record to the commission.(i) If there is only one appellee and that appellee has elected not to participate in the appeal, the appellant shall file only one brief and one excerpt of record. The appellant may request permission to file an overlength brief of up to 70 pages, which is the combined maximum lengths of an appellant's opening brief and reply brief. After the appellant's brief and excerpt of record are filed, the commission will issue a notice requesting the appellant to file a written request for oral argument if the appellant wishes to have oral argument heard on the appeal.(j) If a brief fails to comply with the requirements of this chapter, the commission, on the application of any party or on its own motion, with or without notice as it may determine appropriate, may(1) order the brief to be returned to the party for correction and refiling with the clerk within a time specified in the order;(2) order the brief stricken from the files, with leave to file a new brief within a specified time; or(3) disregard defects and consider the brief as if it were properly prepared.(k) If an appellant fails to file an opening brief as required, the appeal may be dismissed for failure to prosecute under 8 AAC 57.250. If an appellee's brief is not filed as required, that appellee will not be heard at oral argument except on consent of the appellant, or by request of the commission.Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197; am 2/4/2024, Register 249, April 2024Authority:AS 23.30.008
AS 23.30.127