Filing the papers

What papers do you need to start the appeal?

Fill out the:

• Notice of Appeal & Statement of Points on Appeal, SHS-AP 100
• Docketing Statement A
• Designation of Transcript, SHS-AP 140

and include:

• copy of the Final Judgment or Order
  

How do you get a copy of the Final Judgment or Order you are appealing?

If you do not have a copy, you can review your Superior Court file and make a copy for a fee. You can also request a copy from the court, but there may be a research and copying fee.

When do you need to file papers to start the appeal?

To start the appeal, file the required papers

• within 30 days of the final judgment or order from the Superior Court, or
• within 15 days of the final judgment in a child custody case, or
• within a different timeline if your case falls under Appellate Rules 216-220 .

What if you miss the deadline to file an appeal?

If you are filing after the deadline stated in the Appellate Rules 216-220 , you must ask the Supreme Court to accept your late appeal. File:

• Motion & Affidavit to Accept Late Filed Appeal, SHS-AP 110
• Proposed Order Accepting Late Filed Appeal, SHS-AP 120

AND

• Notice of Appeal & Statement of Points on Appeal, SHS-AP 100
• Docketing Statement A
• Designation of Transcript, SHS-AP 140
• copy of the Superior Court final judgment or order that you are appealing

The other side may file an opposition to your motion, arguing that you should not be allowed to file late. To understand the timelines and format to file a motion or an opposition, please read our motion page and Appellate Rule 503 .

Does the deadline to appeal change if you file a motion in the Superior Court after final judgment?

The time to file an appeal is stopped by a timely motion filed in the Superior Court such as a:

• Motion to Amend under Civil Rule 52(b)
• Motion to Alter or Amend a Judgment under Civil Rule 59
• Petition for Rehearing under Appellate Rule 506 in an appeal from an administrative agency
• Motion for Reconsideration under Civil Rule 77(k)

The full time for an appeal starts to run again on the date you get notice that the Superior Court issued an order on the motion. With a Motion for Reconsideration, the motion is considered denied if the Superior Court does not issue a ruling within 30 days from the date it is filed, or within 30 days from the date the response is filed if requested by the court, whichever is later. The full time for an appeal starts to run again on the date it is considered denied.

Do you need to give the opposing party copies of the documents you file?

Yes. All documents you file with the court must also be provided to all other parties. Indicate on the Certificate of Service on page 2 of the Docketing Statement the date and method of delivery (U.S. mail or personal delivery) you will use to serve the other side (or their attorney).

What do you do after filling out all the papers?

After you have all of the documents ready, make 3 copies of everything. File the original and one copy in the Appellate Clerk's Office in the Boney Courthouse in Anchorage.

• Pay the filing fee and cost bond or ask for a waiver if you cannot pay.
• Send a copy of all of the above documents to the appellee (or their attorney) by mail or personal delivery.
• Keep a copy for your records.

Where do you file the papers?

File at the Appellate Court Clerk’s Office:

Alaska Appellate Courts
303 K Street
Anchorage, AK 99501-2084
907-264-0612

How much does it cost to appeal?

To start the appeal, the appellant must pay:

• $250 filing fee

AND

• $750 bond for costs on appeal

UNLESS

• you file a Motion for Waiver of Filing Fee and Cost Bond, SHS -AP 130. Your case in the Supreme Court does not start until the court grants the waiver of filing fee and cost bond.

OR

• the Superior Court approved a supersedeas bond, then you will not have to file a cost bond in the Supreme Court. But you still have to pay the filing fee.

For more information, read about the filing fee and costs.

Rev. 2 January 2018 © Alaska Court System www.courts.alaska.gov Contact Us

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