Alaska

Civil Procedure

Civil Procedure

Rule 77 – Motions

(a)Service. All motions, orders to show cause, petitions, applications and every other such matter shall be served upon the adverse party, or, after the adverse party has appeared by counsel, upon counsel for the adverse party.
(b) Requirements There shall be served and filed with the motion:

(1) legible copies of all photographs, affidavits and other documentary evidence which the moving party intends to submit in support of the motion;
(2) a brief, complete written statement of the reasons in support of the motion, which shall include a memorandum of the points and authorities upon which the moving party will rely; and
(3) an appropriate order for the court’s signature in the event that the motion is granted.
(4) In addition, if a motion is filed and served on a defendant before an answer to the complaint is due under the rules, the motion must be accompanied by a notice advising the defendant of the right to file a written opposition to the motion, the time within which the opposition must be filed under Civil Rule 77(c)(2)(i), and the place where it must be filed.
(c)Opposition. Unless otherwise ordered by the court or otherwise stipulated by the parties with court approval, opposition to the motion or other application shall be made as follows:

(1)Form. Each party opposing the motion or other application shall serve and file either:

(i) legible copies of all photographs, affidavits and other documentary evidence upon which the party intends to rely; and
(ii) a brief, complete written statement of the reasons in opposition to the motion, which shall include an adequate answering brief of points and authorities; and
(iii) an appropriate order for the court’s signature in the event that the motion is denied; or
(iv) a written statement that the party does not oppose the motion.
(2)Time. The time for filing opposition to the motion or other application shall be 10 days from the date of service of the motion or application, except as follows:

(i) for motions or other applications filed and served on the defendant before an answer to the complaint is due under the rules, the time for filing opposition shall be either 10 days from the date of service, or the date the defendant’s answer is due under the rules, whichever is later;
(ii) for motions to dismiss, motions for summary judgment and motions for judgment on the pleadings, the time for filing opposition shall be either 15 days from the date of service or, if the plaintiff is the movant, the date the defendant’s answer is due under the rules, whichever is later; and
(iii) for motions filed under Civil Rules that prescribe their own response times (for example, Civil Rule 88 and Civil Rule 89 ) or that authorize expedited relief (for example, Civil Rule 77(g) or Civil Rule 65 ), the time for filing opposition shall be governed by the specific rule under which the motion is filed.
(d)Reply. Reply and supplemental materials and memoranda, if any, may be served and filed by the moving party within five days of the date of the service of the opposition to the motion.
(e)Oral Argument.

(1) If either party desires oral argument on the motion, that party shall request a hearing within five days after service of a responsive pleading or the time limit for filing such a responsive pleading, whichever is earlier.
(2) Except on motions to dismiss; motions for summary judgment; motions for judgment on the pleadings; other dispositive motions; motions for delivery and motions for attachment, oral argument shall be held only in the discretion of the judge. The amount of time to be allowed for oral argument shall be set by the judge.
(3) If oral argument is to be held, the argument shall be set for a date no more than 45 days from the date the request is filed or the motion is ripe for decision, whichever is later.
(f) Disposition Without Oral Argument. If oral argument is not heard, the court shall promptly rule on the motion and comply with Administrative Rule 3.
(g)Expedited Consideration. A party may move for expedited consideration of its principal motion by filing a second motion requesting relief in less time than would normally be required for the court to issue a decision.

(1) The motion must be captioned “Motion for Expedited Consideration” and must have an appropriate order on the issue of expedited consideration attached.
(2) The motion for expedited relief must comply with other provisions of this rule, including paragraph (e) concerning any request for oral argument except as the provisions of this paragraph specify otherwise.
(3) The motion for expedited consideration must include an affidavit or other evidence showing the facts which justify expedited consideration, and the date before which a decision on the principal motion is needed.
(4) If the parties are represented by counsel, the motion for expedited consideration shall include a certification of counsel that a good faith effort has been made to resolve the issues raised with opposing counsel, but that these efforts were not successful; or, in the alternative, that it was not possible to attempt to resolve the issues with opposing counsel beforehand. The certification shall include a description of what efforts were made to resolve the issues for which expedited consideration is sought, or an explanation of why no efforts were made.
(5) The motion for expedited consideration must include proof of service; and, if the motion requests a decision before the usual time for response to the motion, must include a certificate indicating when and how the opposing party was notified of the motion, or, if the opposing party was not notified, what efforts were made to notify the opposing party and why it was not practical to notify the opposing party in a manner and at a time that a response could be made.
(6) The court may not grant the motion for expedited consideration prior to allowing the opposing party a reasonable opportunity to respond, either in person, by telephone or in writing, absent compelling reasons for a prompt decision and a showing that reasonable efforts were made to notify the opposing party of the motion for expedited consideration in time to allow a reasonable opportunity to respond.
(7) The court may not grant the principal motion prior to allowing the opposing party a reasonable opportunity to respond, either in person, by telephone or in writing, unless it clearly appears from the specific facts in the motion papers or court records that immediate and irreparable injury, loss or damage would result to the moving party before any reasonable opportunity to respond could be given. In no event will a decision be rendered on the principal motion without a response until at least 24 hours after the date of service of the principal motion or the date actual notice is given, whichever is sooner. However, this limitation does not preclude a decision in less than 24 hours on an application for relief made pursuant to Civil Rule 65(b) or any other rule or statute authorizing such action.
(h)Stipulations. Stipulations between counsel may be submitted in support of motions, but are not binding on the court unless otherwise specifically provided by rule.
(i) Evidence. When a motion is based on facts not appearing of record, the court may hear the matter on affidavits or other documentary evidence presented by the respective parties, but the court may direct that the matter be heard wholly or partly on testimony or deposition.
(j)Frivolous Motions or Oppositions. The presentation to the court of frivolous or unnecessary motions or frivolous or unnecessary opposition to motions, which unduly delay the course of the action proceeding, or the filing of any motion to dismiss or motion to strike for the purpose of delay where no reasonable ground appears therefor subjects counsel presenting or filing such, at the discretion of the court, to imposition of costs and attorney’s fees to the opposing party, to be fixed by the court and paid to the clerk of court, and any other sanctions, which may be authorized by rule or law.
(k)Motions for Reconsideration. A motion to reconsider the ruling must be made within ten days after the date of notice of the ruling as defined in Civil Rule 58.1(c) unless good cause is shown why a later filing should be accepted. In no event shall a motion to reconsider a ruling be made more than ten days after the date of notice of the final judgment in the case.

(1) A party may move the court to reconsider a ruling previously decided if, in reaching its decision:

(i) The court has overlooked, misapplied or failed to consider a statute, decision or principle directly controlling; or
(ii) The court has overlooked or misconceived some material fact or proposition of law; or
(iii) The court has overlooked or misconceived a material question in the case; or
(iv) The law applied in the ruling has been subsequently changed by court decision or statute.
(2) The motion for reconsideration shall specifically state which of the grounds for reconsideration specified in the prior subparagraph exists, and shall specifically designate that portion of the ruling, the memorandum, or the record, or that particular authority, which the movant wishes the court to consider. The motion for reconsideration and supporting memorandum shall not exceed five pages.
(3) No response shall be made to a motion for reconsideration unless requested by the court, but a motion for reconsideration will ordinarily not be granted in the absence of such a request.
(4) The motion for reconsideration shall be decided by the court without oral argument. If the motion for reconsideration has not been ruled upon by the court within 30 days from the date of the filing of the motion, or within 30 days of the date of filing of a response requested by the court, whichever is later, the motion shall be taken as denied.
(5) The court, on its own motion, may reconsider a ruling at any time not later than 10 days from the date of notice of the final judgment in the case.
(l)Citation of Supplemental Authorities. When pertinent authorities come to the attention of a party after the party’s memorandum has been filed, or after oral argument but before decision, the party may promptly advise the court, by letter, with a copy to adversary counsel, setting forth the citations. There must be a reference either to the page of the memorandum or to a point argued orally to which the citations pertain, but the letter may not contain argument or explanations. Any response must be made promptly and must be similarly limited.
(m)Filings in Microfilmed Cases. If a motion, petition or request is filed in a case that has been microfilmed and destroyed pursuant to the Records Retention Schedule, the attorney or party must attach (1) a copy of any relevant orders, judgments and other documents necessary for the court’s ruling, and (2) either proof of notice pursuant to Civil Rule 5(g) or an affidavit that Rule 5(g) is not applicable. If such documents are not attached, the clerk will notify counsel that such documents must be submitted before the court will consider the motion, petition or request.

Alaska R. Civ. P. 77

Adopted by SCO 5 October 9, 1959; amended by SCO 49 effective January 1, 1963; by SCO 158 effective February 15, 1973; by SCO 236 effective March 1, 1976; by SCO 359 effective October 1, 1979; by SCO 367 effective August 1, 1979; by SCO 415 effective August 1, 1980; by SCO 434 effective November 1, 1980; by SCO 447 effective November 24, 1980; by SCO 554 effective April 4, 1983; by SCO 720 effective December 15, 1986; by SCO 819 effective August 1, 1987; by SCO 953 effective July 15, 1989; by SCO 1027 effective July 15, 1990; by SCO 1050 effective January 15, 1991; by SCO 1121 effective July 15, 1993; by SCO 1153 effective July 15, 1994; by SCO 1159 effective July 15, 1994; by SCO 1423 effective April 15, 2001; by SCO 1564 effective April 15, 2005; and by SCO 1733 effective June 4, 2010.

Section 1 of Chapter 96 of the Session Laws of Alaska 1981 has the effect of changing Civil Rule 77 by establishing a procedure and time limits for court review of an income assignment order which differ from those generally applicable in civil actions.

Note: Chapter 54 SLA 2005 (HB 95) enacted extensive amendments and new provisions related to public health, including public health emergencies and disasters. According to Section 13(a) of the Act, AS 18.15.375(c)(3), (d), and (e), and 18.15.385(d)-(k), enacted in Section 8, have the effect of amending Civil Rule 77 by adding special proceedings, timing, and pleading requirements for matters involving public health.

Note: Chapter 44, SLA 2010 (HB 334), effective June 4, 2010, enacted changes relating to child custody, modification, and visitation standards for a military parent. According to section 5 of the Act, AS 25.20.095(d), added by section 1 of the Act, and AS 25.20.110(f), added by section 2 of the Act, have the effect of amending Alaska Rule of Civil Procedure 77(g) by changing the procedure for expedited consideration in certain cases involving child custody or visitation and a military parent.

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