Cases Under Advisement Reports
Under Alaska law, a pay check may not be issued to a trial court judge until the judge has filed an affidavit affirming that no matter referred to the judge has been uncompleted or undecided for more than six months. AS 22.10.190(b) & AS 22.15.220(c). This provision is known as "the six-month rule.” The following "rules” or protocols are used to determine when a matter is under advisement and subject to the six-month rule. These protocols were adopted by the presiding trial court judges in 2002 to provide direction to the programmers who were developing management reports for the new trial court case management system (CourtView).
When a Trial Court Matter is Under Advisement
and Subject to the Six-Month Rule
(A) Motions. A motion is under advisement and subject to the six-month rule after the last of the following events:
- (i) a reply has been filed or the final deadline for filing a reply has passed without a reply being filed;
- (ii) any oral argument or hearing on the motion has been held; and
- (iii) any supplemental briefing requested by the court has been filed. If the judge schedules oral argument or a hearing after the filing of supplemental briefing, the six-month rule begins to run after that oral argument or hearing has been held.
(B) Decisions Following Trial. When a matter is taken under advisement following trial, the six-month rule begins to run on the last day of trial. If the judge requests supplemental briefing following trial, the six-month rule begins to run after that briefing has been filed and any oral argument or hearing has been held.
(C) Satisfaction of Six-Month Rule. The six-month rule is satisfied when an order or judgment is signed, or, in the case of an oral order, when the judicial officer enters the order on the electronic record. The six-month rule is satisfied for a master when the master signs the report.
(D) Reassignments and Stays. If a case is reassigned to a judge in the same court location, the six-month rule re-starts at day one for all pending matters on the effective date of the reassignment order. If a case is reassigned to a judge in another court, the six-month rule re-starts at day one when that judge receives a copy of the case file from the original judge. If a case is stayed, the six-month rule re-starts at day one on the effective date of the order lifting the stay.