Rule 403 - Petitions for Review - Procedure(a) Filing.(1) Petitions.(A) A petition for review must be filed with the clerk of the appellate courts within 10 days after the date of notice of the order or decision of which review is sought. Date of notice is defined in Civil Rule 58.1(c) and Criminal Rule 32.3(c). An appellate judge or justice, for good cause shown, may extend the time for filing. The original of the petition must be filed, together with a completed docketing statement in the form prescribed by these rules, and proof of service on the court from whose order the petition is taken and all parties to the action in that court when the order or decision was entered. An additional five copies of a petition for review before the supreme court or three copies of a petition for review before the court of appeals shall be filed, unless a different number is specified by the clerk. The party seeking review shall be known as the petitioner. All other parties to the proceeding shall be named as respondents.(B) The running of the time for filing a petition for review is terminated by a timely motion for reconsideration of the order or decision. The full time for a petition for review by any party begins to run again on the date of notice, as defined in Civil Rule 58.1(c) and Criminal Rule 32.3(c), or the date of denial of the motion pursuant to Civil Rule 77(k)(4), whichever is earlier.(2) Cross-petitions. When a petition is filed under this rule, any other party may file a cross-petition for review of the same order. Cross-petitions must be filed within ten days from service of the petition for review.(3) Petitions from Multiple Orders. Where orders or decisions arising from different cases or proceedings pending in the same court are sought to be reviewed, and where they involve identical or closely-related questions, a single petition covering all the cases or proceedings may be filed.(4) Notice to Court. Upon the filing of a petition for review, the clerk of the appellate courts shall promptly notify the court of the date and identity of the order sought to be reviewed, the name of the party filing the petition, and the docket number assigned to the petition in the appellate court. The clerk of the appellate courts shall also promptly notify the court of the action taken by the appellate court on the petition.(b) Contents of Petition or Cross-Petition.(1) The petition or cross-petition shall contain a:(A) statement of facts necessary to an understanding of the question or questions determined by the court order or decision;(B) statement of the question itself;(C) statement of the trial date, if scheduled;(D) discussion of the reasons, under Rule 402, why review should not be postponed until appeal may be taken from a final judgment;(E) discussion of the reasons why the decision below is alleged to be erroneous;(F) statement of the precise relief sought; and(G) if the petitioner or cross-petitioner requests relief by a specific date, a statement of the date by which a decision is needed and the reasons why a decision is needed by that date.(2) The petition or cross-petition shall not exceed 15 pages in length, exclusive of appendices, and shall include or have annexed thereto: (A) a copy of the order or decision of which review is sought or a statement of the substance of the order or decision, if it was rendered orally, showing the date of notice as defined in Civil Rule 58.1(c) and Criminal Rule 32.3(c); and(B) copies of any findings of fact, conclusions of law and opinions related to the order or decision.(c) Response. Within ten days after service of the petition or cross-petition, each respondent shall file either a response together with proof of service on all parties to the action when the court order or decision was entered, or a notice that no response will be filed. An additional five copies of a response to a petition for review before the supreme court or three copies of a response to a petition for review before the court of appeals shall be filed, unless a different number is specified by the clerk. The response shall not exceed 15 pages in length, exclusive of appendices. No reply may be filed by the petitioner unless ordered by the appellate court. A motion to dismiss the petition will not be received. Objections to the exercise of the appellate court's power of discretionary review must be included in the response.(d) Form. Petitions, cross-petitions and responses shall be prepared in accordance with Rule 513.5(b). All attachments must be listed in an index submitted with the attachments.(e) Inadequacy of the Petition. The failure of the petitioner to include any matter required by subsection (b) of this rule, or otherwise to present briefly and clearly whatever is essential to a ready and adequate understanding of the questions presented for review, will be a sufficient reason for denying the petition.(f) Consideration by the Court and Grant of Petition.(1) As soon as practicable, the appellate court will decide whether to grant or deny the petition. Oral argument will not be held on the question of whether the petition should be granted. (2) If the petition is granted, the order granting the petition will specify any further actions to be required. If further briefing is ordered, the parties may request a scheduling conference under Rule 503.5(e) within ten days of the order granting the petition. Ooral argument will be governed by the procedures set out in Rule 505.(g) Denial of Petition. If the petition is denied, no mandate shall be issued: the clerk of the appellate courts shall furnish a copy of the order denying review to the court that issued the order or decision involved. A petition for rehearing of the denial of a petition for review may not be filed.(h) Defendant's Petition for Sentence Review.(1) Except as provided in (h)(2), a defendant seeking relief from a sentence under Appellate Rule 215(a)(5) must file a notice of intent to file a petition for sentence review no later than 30 days after the date shown in the clerk's certificate of distribution on the written judgment. If the defendant is indigent, a request for preparation of a transcript of the sentencing proceeding must accompany the notice. The petition itself must be filed no later than 45 days after the date shown in the clerk's certificate of distribution on the written judgment or, if the court is preparing the transcript, no later than 15 days after service of the transcript on the petitioner. The following items must be filed with the petition: (A) copies of all charging documents;(B) a copy of the judgment being appealed;(C) a transcript of the entire sentencing proceeding;(D) copies of all reports, documents, motions and memoranda pertaining to sentencing which were available to the sentencing court.(2) If the defendant is filing a combined petition and appeal under Appellate Rule 215(j), a notice of intent to file a petition is not required. Instead, the procedure for perfecting the appeal shall govern, as provided by Rule 215(j).(3) Paragraphs (e), (h), and (i) of Appellate Rule 215 apply to petitions for sentence review. Appellate Rule 215(d) also applies, except, if the defendant is proceeding under subparagraph (h)(1) of this rule, the notice of intent to terminate must be filed within 30 days after filing of the notice of intent to file a petition for sentence review.(i) Victims Petition for Sentence Review. A victim as defined in AS 12.55.185 seeking review of a sentence under Appellate Rule 215(a)(6) must file a notice of intent to file a petition for sentence review no later than 10 days after the date of sentencing or 10 days after notice of the defendants sentence is provided to the victim under AS 12.61.015(a)(3), whichever is later. The petition itself must be filed no later than 45 days after the date the victim received notice unless otherwise ordered. The items specified in (A) through (D) of Appellate Rule 403(h)(1) must be filed with the petition, unless the court grants the victim's motion to waive these items. The petition and any response shall each not exceed 15 pages in length. The victim must serve the state and the defendant with all pleadings.SCO 439 effective 11/15/1980; amended by SCO 492 effective 1/4/1982; by SCO 554 effective 4/4/1983; by SCO 584 effective 2/1/1984; by SCO 724 effective 12/15/1986; by SCO 725 effective 12/15/1986; by SCO 796 effective 3/15/1987; by SCO 852 effective 1/15/1988; by SCO 996 effective 1/15/1990; by SCO 1023 effective 7/15/1990; by SCO 1092 effective 7/15/1992; by SCO 1153 effective 7/15/1994; by SCO 1212 effective 7/15/1995; by SCO 1226 effective 1/22/1996; by SCO 1271 effective 7/15/1997; by SCO 1302 effective 1/15/1998; by SCO 1412 effective 10/15/2000; by SCO 1553 effective 10/15/2004; by SCO 1598 effective 10/15/2006; by SCO 1628 effective 4/16/2007; by SCO 1655 effective 4/15/2008; by SCO 1718 effective 4/15/2010; by SCO 1778 effective 4/15/2014; by SCO 1842 effective 4/15/2015; and by SCO 1868 effective 4/15/2016; amended July 20, 2016 by Supreme Court Order No. 1885, effective 10/15/2016. Ch. 77 SLA 2002 (HB 157), Section 2, adds new Chapter 26 to Title 6 of the Alaska Statutes, concerning providers of fiduciary services. According to Section 9 of the Act, AS 06.26.760(b)(2) has the effect of amending Appellate Rule 403 by postponing the deadline for the filing of petitions for review or cross-petitions for review by a trust company when the Department of Community and Economic Development has taken possession of the trust company.
Note to SCO 1655: Chapter 65, section 4, SLA 2005 (HB 54) amended AS 12.55.120 by adding a new subsection (e) to provide that a victim of the crime for which a defendant has been convicted and sentenced may petition for review in an appellate court of a sentence that is below the sentencing range for the crime. New subsection (i) is added to Appellate Rule 403 for the sole reason that the legislature made that statutory change.