Step 6: Filing Fee and Costs

How much does it cost to file an appeal?

To open the appeal, the appellant must pay:

• $250 filing fee

AND

• $750 bond or cash deposit for costs on appeal

You must pay with 2 separate checks if you are paying for the filing fee and cash deposit instead of a bond.

What if you can't afford the filing fee and cost bond?

If your income is under 125% of the federal poverty guidelines, you may request a waiver of the filing fee and/or cost bond by filling out

• Motion for Waiver of Filing Fees and Costs, SHS-AP 130 (Word document)

Your case in the Supreme Court is not open until the court grants the waiver. After the court decides whether to grant your waiver, the Appellate Court Clerk’s Office will mail you an order about the filing fee and cost bond.

How do you pay?

You may pay by:

• Cash
• Personal check made out to “Clerk of Court”
• Cashier’s check made out to “Clerk of Court”
• Money order made out to “Clerk of Court”

Where do you pay?

Pay at the Appellate Court Clerk’s Office which is located

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

What other costs are involved in an appeals case?

There are several fees and costs in the typical appeals case, including:

Does the loser have to pay the other side's costs?

Usually. The general rule in Alaska is that the losing party pays the winning party's costs and attorney's fees. There are exceptions to this rule depending on the type of appeal. Appellate Rule 508 discusses costs and Appellate Rule 209 discusses appeals at public expense.

If the Supreme Court affirms the decision of the Superior Court, the appellant loses. This means that the appellant pays the appellee's costs and fees.

If the Supreme Court reverses the Superior Court's decision, the appellant wins. This means the appellee pays the appellant's costs and fees.

Depending on who wins, the costs may include:

• filing fees
• bond fees
• transcript preparation costs
• copying costs for briefs and excerpts
• mailing costs for briefs and excerpts
• attorney's fees if the winning party was represented by an attorney during the appeal

What happens to the cost bond that was paid when the appeal was started?

If the appellant paid $750 for a cost bond and won the appeal, the Appellate Clerk's Office will send the money back to the appellant. The appellee has to pay the appellant's costs.

If the appellee won the appeal, the Appellate Clerk's Office will send a check to the appellee for their costs in the appeal. This check will come from the appellant's cost bond. If the appellee's costs were more than the cost bond amount of $750, the appellant must pay the additional amount. If the appellee's costs were less than the cost bond amount, the Appellate Clerk's Office will send the appellant the difference.

What is the difference between a cost bond and a supersedeas bond?

A cost bond is supposed to cover the appellee's costs of defending the appeal. If the appellant loses, the cost bond will pay the appellee’s costs up to $750 and the appellant is responsible for any additional costs over the $750. If appellant wins, the Clerk's Office will refund the money. The appellant files the cost bond in the Supreme Court when opening the appeal case.

A supersedeas bond protects the appellant from the appellee collecting a money judgment awarded in the Superior Court case during the appeal. This bond guarantees that the appellant will pay the appellee if the appellant loses the appeal. If the appellant wins the appeal, the appellant can include the supersedeas bond in the Bill of Costs.

The Superior Court sets the amount of the supersedeas bond. If you file a supersedeas bond in the Superior Court, you do not have to pay the $750 cost bond when you open your appeal in the Supreme Court.

You need to follow the Superior Court final judgment unless the Superior Court granted you a stay pending appeal or approval of your supersedeas bond. For more information, please read the "Your Superior Court Case During the Appeal" section.

Where do you get a bond?

Most people pay cash for the $750 cost bond, unless the Supreme Court granted a waiver.

For supersedeas bonds in the Superior Court, you can look in the yellow pages under “insurance companies” or “bonding companies” that may provide bonds. Usually you have to pay a percentage of the total bond amount.

What do you do after filling out the forms & figuring out how to pay for the appeal?

Get your papers ready to file the appeal at the Appellate Court Clerk's Office.

Rev. 4 January 2018 © Alaska Court System www.courts.alaska.gov Contact Us

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