Alaska Notice of Appeal
Alaska is one of the few states whose appellate court can extend this deadline for good cause, and the notice goes to the clerk of the appellate courts in Anchorage, not the court that entered the judgment.
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Introduction
In Alaska, a notice of appeal from a final superior court civil judgment is due within 30 days from the date shown in the clerk's certificate of distribution on the judgment, not the date of entry and not service of a separate notice of entry as in some states (Alaska R. App. P. 204(a)(1)). A timely motion under Civil Rule 50(b) for judgment notwithstanding the verdict, Rule 52(b) to amend findings, Rule 59 for a new trial or to alter or amend the judgment, or Rule 77(k) for reconsideration stops the 30 days from running, and the full period begins again from notice of the order deciding the motion or the date of denial by operation of law; a motion addressed only to costs, prejudgment interest, or attorney's fees under Civil Rule 79 does not toll the deadline (Alaska R. App. P. 204(a)(3), (a)(5)(A)). Unlike most states, Alaska's appellate court can extend this deadline: on a motion showing good cause, or on its own initiative, the court may extend the time period before or after it expires, or validate an act done after it already expired (Alaska R. App. P. 502(b)); the rule sets an outer 60-day limit on validating a late notice only for criminal appeals, not civil ones. The notice is filed with the clerk of the appellate courts in Anchorage, not the superior court clerk who entered the judgment (Alaska R. App. P. 204(b)). A general civil appeal from the superior court goes to the Alaska Supreme Court (Alaska R. App. P. 202(a)). The notice must arrive as one complete package: a docketing statement, a statement of points on appeal, a designation of the record to be transcribed, the $250 filing fee or a motion to waive it, and a $750 cost bond or a motion to waive it, filed with the notice itself, or the clerk must refuse to accept it, though a motion to extend time for the statement of points or the transcript designation may accompany the notice in place of that item (Alaska R. App. P. 204(b)(1)-(7); confirm the current fee with the clerk). Filing the notice does not by itself stop the other side from collecting on the judgment; a stay requires a supersedeas bond the superior court approves (Alaska R. App. P. 204(d)). A district court judgment, including a small claims judgment, is appealed to the superior court instead, on the same 30-day clock, and either party may appeal; the superior court must grant a trial de novo if the small claims proceeding below was not of record, and otherwise the appeal proceeds on the existing record (Alaska Dist. Ct. Civ. P. 18). This page covers a civil appeal from a superior court judgment. Criminal, administrative agency, federal court, and interlocutory appeals follow different rules and are not covered here. Attorney review is available before you file.
Key Things to Know
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The notice of appeal is due 30 days from the date shown in the clerk's certificate of distribution on the judgment, not the date of entry or service of a notice of entry (Alaska R. App. P. 204(a)(1)). A timely motion under Civil Rule 50(b), 52(b), 59, or 77(k) stops the clock and restarts the full 30 days from notice of the order deciding the motion or the date of denial by operation of law, but a Civil Rule 79 motion about costs, interest, or attorney's fees does not toll the deadline (Alaska R. App. P. 204(a)(3), (a)(5)(A)).
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Unlike most states, Alaska's appellate court can extend this deadline, or validate a notice filed after it expired, for good cause shown, before or after the 30 days run out (Alaska R. App. P. 502(b)). The rule sets a 60-day outer cap on validating a late notice only in criminal appeals, not civil ones, but any extension still requires a motion the court grants, not an automatic right.
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File the notice with the clerk of the appellate courts in Anchorage, not the superior court clerk who entered the judgment (Alaska R. App. P. 204(b)). A district court appeal, including small claims, is filed with the superior court itself instead (Alaska R. App. P. 602(c)(1)).
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A general civil appeal from the superior court goes to the Alaska Supreme Court, and the notice names that court as the court to which the appeal is taken (Alaska R. App. P. 202(a), 204(b)).
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The notice must be filed together with a docketing statement, a statement of points on appeal, a designation of the record to be transcribed, the $250 filing fee or a motion to waive it, and a $750 cost bond or a motion to waive it, or the clerk must refuse to accept it; a motion to extend time for the statement of points or the transcript designation may be filed with the notice in place of that item (Alaska R. App. P. 204(b)(1)-(7); confirm the current fee with the clerk).
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Filing the notice does not by itself stop the other side from collecting on the judgment. A stay of a superior court judgment requires a supersedeas bond the superior court approves (Alaska R. App. P. 204(d)); a district court judgment gets only an automatic two-day stay of execution, and a further stay needs a supersedeas bond of 125 percent of the judgment (Alaska R. App. P. 603(a)(1)-(2)).
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A small claims appeal follows the same district-court-to-superior-court procedure and 30-day clock, and either party may appeal. The superior court must grant a trial de novo if the small claims hearing below was not of record; if it was recorded, the appeal proceeds on the existing record like any other district court appeal (Alaska Dist. Ct. Civ. P. 18).
Key decisions before you file
Before you file a Notice of Appeal in Alaska, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.
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Alaska Requirements for Notice of Appeal
30-Day Deadline Runs From Distribution, Not Entry
The notice of appeal must be filed within 30 days from the date shown in the clerk's certificate of distribution on the judgment, not the date of entry and not service of a separate notice of entry (Alaska R. App. P. 204(a)(1)).
Civil Rule Motions That Toll the Clock
A timely motion under Civil Rule 50(b), 52(b), 59, or 77(k) stops the 30 days from running, and the full period restarts from notice of the order deciding the motion or the date of denial by operation of law; a Civil Rule 79 motion about costs, interest, or attorney's fees does not toll the deadline (Alaska R. App. P. 204(a)(3), (a)(5)(A)).
Rare Extension for Good Cause Under Rule 502(b)
The appellate court may extend the 30-day deadline, before or after it expires, or validate a late notice, on a motion showing good cause or on its own initiative; a 60-day outer cap on validating a late notice applies only to criminal appeals, not civil ones (Alaska R. App. P. 502(b)).
Filed With the Clerk of the Appellate Courts
A civil appeal from a superior court judgment is filed with the clerk of the appellate courts in Anchorage, not the trial court clerk who entered the judgment (Alaska R. App. P. 204(b)).
Civil Appeals Go to the Alaska Supreme Court
A general civil appeal from the superior court goes to the Alaska Supreme Court, and the notice must name that court as the court to which the appeal is taken (Alaska R. App. P. 202(a), 204(b)).
Complete Package Required With the Notice
The notice must be filed together with a docketing statement, a statement of points on appeal, a designation of the record to be transcribed, the filing fee or a motion to waive it, and the cost bond or a motion to waive it, or the clerk must refuse to accept the filing; a motion to extend time for the statement of points or the transcript designation may accompany the notice in place of that item (Alaska R. App. P. 204(b)(1)-(7)).
$750 Cost Bond and $250 Filing Fee
A civil appeal generally requires a $750 cost bond filed with the notice, unless the appellate court sets a different amount or a supersedeas bond is filed instead, plus a $250 filing fee; small claims district court appeals pay a $100 fee instead. Confirm the current fee with the clerk (Alaska R. App. P. 204(c)(1); Alaska Adm. R. 9(a)(1)(A), (b)(4)).
Filing Does Not Stay Enforcement
Filing the notice does not by itself stop the other side from collecting on the judgment. A stay of a superior court judgment requires a supersedeas bond the superior court approves, and a district court judgment gets only an automatic two-day stay before a further stay requires a 125 percent supersedeas bond (Alaska R. App. P. 204(d), 603(a)(1)-(2)).
Small Claims Appeal May Be De Novo or On the Record
A small claims appeal follows the ordinary district-court-to-superior-court procedure, and either party may appeal. The superior court must grant a trial de novo if the small claims hearing below was not of record; otherwise the appeal proceeds on the existing record (Alaska Dist. Ct. Civ. P. 18).