delegate to a deputy clerk the authority to award costs in cases

Appellate Procedure

Rule: 511

Jurisdiction: AK

Bluebook Citation: Alaska R. App. P. 511

in which objection is filed, except with the approval of the chief justice. Return of the record shall not be delayed pending the award of costs. (2) Attorney’s fees. A party may file a motion for attorney’s fees within 10 days after the date of notice of the opinion or the order under Rule 214, specifying the provision of subsection (e) under which fees are sought, and attaching an affidavit of services rendered on appeal. Date of notice is defined in Civil Rule 58.1(c). An adverse party may file an opposition under Rule 503(d). (3) Rehearing. If a timely petition for rehearing is filed, costs and attorney’s fees shall not be awarded until the court has disposed of the case on rehearing. A supplemental or amended bill of costs may not be filed after disposition of a petition for rehearing unless requested by the court. (g) Execution. The bond on appeal filed under Rule 204(c) may be applied to an award of costs and attorney’s fees made under this rule. Upon proper application, the clerk of the trial court may issue writs of execution upon the award of costs and attorney's fees made under this rule, without the approval of a judge of the trial court. (SCO 439 effective November 15, 1980; amended by SCO 507 effective July 1, 1982; by SCO 508 effective July 1, 1982; by SCO 512 effective October 1, 1982; by SCO 552 effective February 1, 1983; by SCO 554 effective April 4, 1983; by SCO 562 effective May 2, 1983; by SCO 583 effective February 1, 1984; by SCO 619 effective June 15, 1985; by SCO 847 effective January 15, 1988; by SCO 1024 effective July 15, 1990; by SCO 1155 effective July 15, 1994; by SCO 1279 effective July 31, 1997; by SCO 1440 effective October 15, 2001; by SCO 1482 effective October 15, 2002; by SCO 1671 effective October 15, 2008; by SCO 1776 effective April 16, 2012; by SCO 1820 effective April 14, 2014; by SCO 1843 effective April 15, 2015; by SCO 1893 effective June 4, 2015; by SCO 1893 effective August 10, 2016; and by SCO 2028 effective April 15, 2025) Note to SCO 1843: With the amendments to subsection (e) recognizing that statute, caselaw, or contract may otherwise provide for awards of attorney’s fees, it is not necessary to retain a separate discussion of fee awards in appeals from the Workers’ Compensation Appeals Commission or appeals from a denial of a claim of benefits under the Employment Security Act. The fee-award scenarios discussed in subsection (g) of the previous version of the rule are now covered by the amended subsection (e). Similarly, former subsection (g)’s limitations on cost awards are captured by the minor changes to the amended subsections (b) and (c). The new rule structure does not abrogate the substantive rights addressed in the prior subsection (g).

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