To open the appeal, the appellant must pay:
You must pay with 2 separate checks if you are paying for the filing fee and cash deposit instead of a 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
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.
You may pay by:
Pay at the Appellate Court Clerk’s Office which is located
Alaska Appellate Courts
303 K Street
Anchorage, AK 99501-2084
There are several fees and costs in the typical appeals case, including:
|Type of Fee or Cost||Amount||Who pays initially?|
|Transcript preparation costs for BOTH appellant and appellee||Actual cost of transcript preparation||appellant|
|Copying costs for briefs and excerpts of record||Actual cost of copies||each party|
|Postage costs to send documents to the opposing party (or their attorney) and the Appellate Court Clerk’s Office if you can't hand-deliver||Cost of 1st class U.S. postage||each party|
|Supersedeas bond||Depends on $ amount of your Superior Court final judgment||appellant|
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:
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.
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.
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.
Get your papers ready to file the appeal at the Appellate Court Clerk's Office.
| Rev. 26 December 2006
© Alaska Court System
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