granted unless the motion or stipulation includes either: (1) A signed statement by the defendant stating that the defendant understands the consequences of the dismissal and consents to it, or (2) Explicit certification by counsel for the defendant that counsel has explained the consequences of dismissal to the client and the consequences of dismissal and consents to it. the client understands is satisfied that (d) Mandate Not Required. No mandate shall issue on a dismissal under this rule or Rule 511.5 without an order of the court. However, the clerk shall notify the court whose judgment was appealed. (SCO 439 effective November 15, 1980; amended by SCO 510 effective August 30, 1982; by SCO 728 effective December 15, 1986; by SCO 1153 effective July 15, 1994; by SCO 1283 effective September 2, 1997; by SCO 1301 effective January 15, 1998; by SCO 1361 effective October 15, 1999; by SCO 1726 effective April 15, 2011; and by SCO 1908 effective nunc pro tunc May 11, 2017) Note: Chapter 6, SLA 2017 (HB 104) repeals AS 09.68.130 and its requirements that the Alaska Judicial Council collect information about certain civil litigation from parties. Section 1 of the act repeals Civil Rule 41(a)(3) and Appellate Rule 511(c) and (e), effective May 11, 2017. Those rule provisions had required compliance with AS 09.68.130. This rule change is adopted for the sole reason that the legislature has mandated the amendment.
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