Alaska R. App. P. 216

As amended through November 12, 2024
Rule 216 - Expedited Appeals
(a) Scope. This rule applies to the following classes of appeals, and supersedes the other appellate rules to the extent that they may be inconsistent with this rule:
(1) Extradition appeals;
(2) Peremptory challenge appeals.
(b) Definitions.
(1) An appeal from an order of the superior court granting or denying an application for a writ of habeas corpus filed under AS 12.70.090 by a person arrested on a governor's warrant under the Uniform Criminal Extradition Act, is an "extradition appeal." An appeal from any other final judgment of the superior court relating to the extradition of a person charged in this state or elsewhere with a crime is also an "extradition appeal," except that any appeal from a final judgment convicting a person of a crime is not an "extradition appeal."
(2) A "peremptory challenge appeal" is an appeal by a criminal defendant from an order denying the defendant's motion for change of judge under Criminal Rule 25(d).
(c) Jurisdictional Limitation. This rule does not permit an extradition appeal to be taken in any circumstances in which an appeal would not be permitted by Rule 202.
(d) Notice of Appeal.
(1) A notice of appeal under this rule shall be filed with the clerk of the appellate courts within 10 days after the date shown in the clerk's certificate of distribution on the order or judgment. The notice of appeal shall be accompanied by the items specified in Appellate Rule 204(b) [1]-[4] and [7].
(2) The notice must indicate that the appeal is being filed pursuant to this rule, but the court of appeals will apply this rule to cases within its scope whether they are so identified or not.
(e) Record on Appeal . The entire superior court file shall serve as the record on appeal, together with an electronic recording of any hearing held in superior court if deemed necessary by the court of appeals. The papers in the record on appeal need not be numbered at the bottom consecutively. Promptly upon the filing of the appellee's memorandum, the clerk of the trial courts shall transmit the original and copies of the record to the clerk of the appellate courts in the same manner as for other appeals. Appellate Rule 210(c) shall not apply.
(f) Memoranda on Appeal.
(1) By Appellant. Within 10 days after filing a notice of appeal under this rule, the appellant shall file with the court of appeals the original and three copies of a memorandum in support of the appeal together with proof of service on all other parties.
(2) By Appellee. Within 10 days after service of the appellant's memorandum, the appellee may file with the court of appeals the original and three copies of a memorandum in opposition to the appeal.
(3) Reply Memorandum. No reply memorandum may be filed unless ordered by the court.
(4) Form and Contents of Memoranda. Memoranda shall comply with Appellate Rule 513.5(b)(6) -(7) and shall also comply with Appellate Rules 212(b)-(c), except:
(A) memoranda need not comply with Rule 212(c)(1)(A)-(E);
(B) no memorandum shall exceed 20 pages without permission of the court; and
(C) the front page of each memorandum shall include the information that Appellate Rule 212(b) requires on the cover of a brief.
(g) Disposition of Appeals. Appeals under this rule will be disposed of expeditiously by the court of appeals. If oral argument is requested, it may be held on an expedited basis or telephonically under Rule 505(g) as necessary to ensure an expeditious resolution. The parties' right to oral argument and the procedures governing oral argument are set out in Rule 505.

Alaska R. App. P. 216

SCO 439 effective 11/15/1980; amended by SCO 511 effective 8/18/1982; by SCO 554 effective 4/4/1983; by SCO 575 effective 2/1/1984; by SCO 827 effective 8/1/1987; by SCO 828 effective 8/1/1987; by SCO 926 effective 1/15/1989; by SCO 928 effective 1/15/1989; by SCO 1155 effective 7/15/1994; by SCO 1433 effective 10/15/2001; by SCO 1543 effective 10/15/2004; by SCO 1555 effective 10/15/2004; by SCO 1598 effective 10/15/2006; and by SCO 1752 effective 4/15/2011.