IN THE SUPREME COURT OF THE STATE OF ALASKA

                        ORDER NO.     1360   

                                   Amending Appellate Rule 210(c)
                                   concerning contents of the
                                   excerpts of record.


IT IS ORDERED:

     Paragraph (c) of Appellate Rule 210 is amended to read as
follows:
          
               (c)  Excerpts of Record.
          
                    * * * *
          
               (2)  Contents.  (A)  Appellant's Excerpt.The appellant's excerpt of record must contain
          the following parts of the record:
          
               (i)  all charging documents, or the
          petition or complaint, counterclaim,
          crossclaim and answer setting out the issues
          to be tried; 
          
               (ii) the judgment or interlocutory order
          from which the appeal is taken; 
          
               (iii) other orders or rulings sought to
          be reviewed; 
          
               (iv)      supporting opinions, findings
          of fact, conclusions of law or other
          statements showing the reasoning of the trial
          court; 
          
               (v)  if the appeal is from the grant or
          denial of a motion, relevant portions of
          briefs, memoranda,  and  documents filed in
          support of and in opposition to the motion; 
          
               (vi) if the appellant is challenging the
          admission or exclusion of evidence, the giving
          or failure to give a jury instruction, or
          another oral ruling or order, a copy of the
          pages of the transcript at which the evidence,
          offer of proof,  ruling or order and relevant
          discussion by the court, and any necessary
          objection are recorded; and
          
               (vii)     specific portions of other
          documents in the record, including documentary
          exhibits, that are referred to in appellant's
          brief and essential to the resolution of an
          issue on appeal. 
          
               (B)  Appellee's Excerpt.  The appellee's
          excerpt of record must contain those parts of
          the record required under (c)(2)(A) and relied
          on by appellee that were not included in the
          appellant's excerpt.   
          
               (C)  Portions of the Transcript.  In an
          appeal to the supreme court, a party may also
          include in the excerpt selected pages of the
          transcript that are critical to the appeal.
          
               (D)  Items Not to Be Included in the
          Excerpts.  Pages of the transcript and briefs
          and memoranda filed in the trial court may
          only be included in the excerpts if required
          under (c)(2)(A) or permitted under (c)(2)(C). 
          The fact that parts of the record are not
          included in the excerpts does not prevent the
          parties or the appellate court from relying on
          those parts.
          
               (3)  Supplemental Excerpts. Appellant may
          file and serve a supplemental excerpt of
          record with appellant's reply brief or within
          the time specified for filing a reply brief.
          No other supplemental excerpt may be filed
          except by leave of the appellate court granted
          on motion, or at the request of the appellate
          court. A supplemental excerpt may not include
          parts of the record that appear in another
          excerpt filed in the appeal. 
          
               (4)  Form, Filing and Service. Each
          party's excerpt of record must be arranged in
          chronological order, must be bound separately
          from the party's brief, and must contain a
          table of contents at the beginning of the
          first volume. The excerpt and the table of
          contents must be in the form specified in the
          Clerk's Instructions for Preparation of
          Excerpts published in these rules. One copy of
          the excerpt must be filed and served with the
          party's original brief. Six copies of the
          excerpt must be filed with the bound copies of
          the brief, and one copy must be served on
          counsel for each party separately represented.
          The appellate court may specify the filing or
          service of a different number of copies than
          required by this rule.
          
               (5)  Excerpts to be Abbreviated. The
          parties shall include in the excerpts only
          those parts of the record that are essential
          to a determination of the questions presented
          on appeal. For any infraction of this rule,
          the appellate court may impose sanctions and
          withhold or impose costs as the circumstances
          of the case and discouragement of like conduct
          in the future may require.
           
               (6)  Costs. Subject to (c)(5), the
          prevailing party is entitled to recover the
          cost of copying its excerpt of record under
          Appellate Rule 508(d).
          



DATED:         July 23, 1999        

EFFECTIVE DATE:  September 1, 1999 



                                   ______________________________
                                   Chief Justice Matthews


                                   ______________________________
                                   Justice Eastaugh


                                   ______________________________
                                   Justice Fabe


                                   ______________________________
                                   Justice Bryner
     

                                   ______________________________
                                   Justice Carpeneti