ALASKA COURT RULES

Appellate Procedure

Rule: 504

Jurisdiction: AK

Bluebook Citation: Alaska R. App. P. 504

business does not constitute a showing of diligence and substantial need. effective October 15, 2000; by SCO 1842, effective April 15, 2015; and by SCO 1893 effective August 10, 2016) (2) Motion for Non-Routine Extension Based upon a Showing of Extraordinary and Compelling Circumstances. An extension that would extend the time for filing a brief beyond the time allowed under subsection (b) and paragraph (c)(1) will be granted only upon a showing of extraordinary and compelling circumstances. Along with the requirements stated in paragraph (3), the affidavit accompanying the motion must include a detailed explanation of the extraordinary and compelling circumstances that prevent completion of the brief within the time allowed. Factors the court may consider in determining the existence of extraordinary and compelling circumstances the nature and foreseeability of intervening events, pre-existing commitments, the extent of the party’s or attorney’s control over the circumstances that prevent completion of the brief, the nature of the case, and any prejudice to the parties. include: (3) General Requirements. The motion must be filed on or before the due date, and must be accompanied by an affidavit stating: (A) when the brief is due; (B) when the brief was first due and the number and length of previous extensions; (C) the length of the requested extension and requested due date; (D) a detailed explanation of the reason that an extension is necessary; and (E) that the brief will be filed within the time requested. (4) A motion without a compliant affidavit will be rejected by the clerk of court. (5) Motions for non-routine extensions of time will be decided by a single justice or judge. (d) Oppositions to Motions for Extension. If a timely opposition to a motion for extension is received after the motion for extension is granted, the opposition will be treated as a motion for reconsideration and will be assigned to a justice or judge for determination pursuant to Rule 503(f). (e) Request for Scheduling Conference in Exceptional Circumstances. Within 30 days of the notice of appeal, any party may request a scheduling conference with the clerk of court if, due to unusual scheduling issues or the complexity of the case, the party believes that the schedule for briefing and this rule’s provisions for extensions are not adequate or should not apply. Following a scheduling conference, the clerk of court may issue a briefing schedule that deviates from the standard deadlines. (SCO 871 effective July 15, 1988; amended by SCO 926 effective January 15, 1989; by SCO 1209 effective July 15, 1995; by SCO 1279 effective July 31, 1997; by SCO 1410 38

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