Filing the appeal brief and excerpt of record

• What do you do after you finish writing the appeal brief and preparing the excerpt of record?
• Are there special requirements when you file the brief and excerpt of record?
• What happens if your appeal brief and excerpt of record are accepted?
• What happens if your appeal brief or excerpt of record are rejected?
• When do you serve the other side?
• How do you serve the other side?

What do you do after you finish writing the appeal brief and preparing the excerpt of record?

First make sure you have complied with Appellate Rule 212(b) and (c) for the appeal brief and Appellate Rule 210(c) for the excerpt of record.

On or before the date your brief is due, file in the Appellate Clerk's Office

• the original and one copy of the appeal brief
• 1 copy of the excerpt of record

AND

• proof of service on the other party (or attorney)

Are there any special requirements when you file the brief and excerpt of record?

Yes. There are different requirements for when you initially file the appeal brief and excerpt of record and when you file the versions that are accepted by the Appellate Court Clerk’s Office.

When you initially file, make sure that the appeal brief and copy, and the excerpt of record are printed on one side of the page and are not bound on the side. The Appellate Court Clerk’s Office will review your brief and excerpt of record to make sure they comply with Appellate Rule 212(b) and (c) and Appellate Rule 210(c) . Then the case manager will return your brief and excerpt of record and let you know that it is accepted or rejected because it didn't follow Rule 212's requirements.

Make sure to follow all requirements for brief formatting and excerpt of record formatting. If you don't format them correctly, the court may reject them. Please read the Top Ten Reasons Why Briefs and Excerpts of Record are Rejected .

What happens if your appeal brief and excerpt of record are accepted?

If your appeal brief is accepted, the case manager will send a "Notice- Printing of Briefs" and you need to prepare your appeal brief and excerpt of record for final filing. The Notice will tell you:

• what color cover your appeal brief should have. Use a heavy paper for the cover.
• to print your appeal brief on both sides of the page (double-sided).
• to deliver 10 copies of the appeal brief and 8 copies of the excerpt of record to the Appellate Clerk's Office by a specific date. If you are outside of Anchorage, mail the briefs and excerpts of record by First Class U.S. Mail.
• to mail 2 copies of the brief and 1 copy of the excerpt of record to the other side (or their attorney) in the case.
• to bind the appeal briefs and excerpt of record firmly in at least 2 places on the left side.
• keep a copy of the appeal brief and excerpt of record for your own files.
• if the Supreme Court has entered an order stating you do not have to pay for the printing of the appeal briefs, follow the instructions in the order or ask the case manager.
• decide whether you want to file a written request for oral argument. Oral arguments are discussed in detail below.

What happens if your appeal brief or excerpt of record are rejected?

If your appeal brief or excerpt of record do not follow Appellate Rule 212 , the case manager will return them with an Order Rejecting Brief. There will be an attachment that contains the comments of the law clerk that reviewed the brief and excerpt of record and instructions on how fix them. The Order will state your new deadline to re-file the corrected brief or excerpt of record. You are not allowed to add new information or arguments to the brief. You should only fix the problems with formatting that the law clerk pointed out.

When do you serve the other side?

You need to serve the other side every time you file anything in the Supreme Court. So you must serve the other side with a copy of the appeal brief and excerpt of record when you initially file them. You must also serve the other side with a copy when the court accepts the final version of the appeal brief and excerpt of record.

How do you serve the other side?

Use First Class U.S. mail or hand-deliver to the other side (or their attorney)

• 2 copies of the brief, and
• 1 copy of the excerpt of record

When you file the appeal brief and excerpt of record, indicate how and when you served the other side by filing:

• Certificate of Service, SHS-AP 210

Rev. 16 March 2007 © Alaska Court System www.courts.alaska.gov Contact Us

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