(1) Cross Petitions and Petitions for Review of Multiple

Appellate Procedure

Rule: 612

Jurisdiction: AK

Bluebook Citation: Alaska R. App. P. 612

Orders may be filed in accordance with the provisions of Appellate Rule 403(a)(2) and (3). (2) The Petition or Cross Petition shall conform to Appellate Rule 403(b) through (e), except that the statement of reasons why review should be granted is governed by Rule 610. (c) Consideration by the Court. 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 whether the petition should be granted. If the petition is granted, the order granting the petition will specify any further actions to be required. If further briefing is ordered, oral argument will be governed by the procedures set out in Rule 505. (d) Stay. (1) Judicial Proceeding. When a petition for review has been filed, the superior court in its discretion may stay further proceedings by the district court and the operation or enforcement of the order or decision sought to be reviewed upon such terms as to bond or otherwise as the court considers proper for the security of the rights of the adverse party. (2) Administrative Proceeding. When a petition for review has been filed, the superior court may stay further proceedings in an administrative agency and the operation or enforcement of the order or decision sought to be reviewed when the party seeking review establishes that irreparable injury will result if the stay is not granted. (e) Relief Available. Upon consideration of a petition for review, the superior court may affirm, modify, vacate, set aside or reverse any order or decision of a district court or administrative agency, and may remand the action or proceeding and direct the entry of such appropriate judgment or order, or require such further proceedings to be had, as may be just under the circumstances. (SCO 439 effective November 15, 1980; amended by SCO 494 effective January 4, 1982; by SCO 554 effective April 4, 1983; by SCO 1015 effective January 15, 1990; by SCO 1113 effective January 15, 1993; SCO 1779 effective October 15, 2012; and by SCO 1930 effective April 15, 2019) Note: AS 28.15.166(n), as amended by § 10 ch. 119 SLA 1990, amended Appellate Rule 603 and Appellate Rule 611 by prohibiting an automatic stay of the administrative revocation of a driver’s license pending appeal or petition for review and by limiting the power of the court to stay the administrative revocation of a driver’s license. AS 28.15.166(n) was also amended by § 6 ch. 3 SLA 1992 to require that the court make an additional finding before staying the revocation of a commercial vehicle license. When the legislature adopted this change, it took the steps necessary to revise Appellate Rule 603 but did not attempt to amend Appellate Rule 611. Note: Ch. 77 SLA 2002 (HB157), 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

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