Current through September 25, 2024
Section 8 AAC 57.065 - Representation of parties to an appeal or petition for review(a) In an appeal or petition for review, (1) a corporation or limited liability corporation must be represented by an attorney admitted to practice law in the state or permitted to appear under the Alaska Rules of Court;(2) a partnership, a non-profit corporation, an unincorporated association, a guardian, or a personal representative of an estate must be represented as provided by law; and(3) an individual or sole proprietorship may be self-represented or represented by an attorney admitted to practice law in the state or permitted to appear under the Alaska Rules of Court.(b) An attorney for a party filing an appeal or petition for review shall file an entry of appearance simultaneously with the notice of appeal or petition for review.(c) An attorney for any other party to an appeal or petition for review shall file and serve an entry of appearance not later than 10 days after the date shown in the certificate of distribution, unless distributed by mail, of the clerk's docket notice regarding the filing of the appeal or petition for review.(d) Whenever a provision in this chapter refers to a party, appellant, appellee, petitioner, or respondent and an attorney represents that party, appellant, appellee, petitioner, or respondent, the provision applies to the attorney.(e) If a party that is required to be represented by an attorney under (a) of this section does not have attorney representation, the chair shall issue a written notice to that party that the party is required to be represented by an attorney. In the notice the chair shall inform the party that the appeal or petition for review may be dismissed or the party may be prohibited from participating in the appeal or petition for review if the party fails to obtain attorney representation within 20 days after the date shown in the certificate of distribution, unless distributed by mail, of the written notice.(f) If a party's attorney wishes to withdraw representation of that party, the attorney shall file a written notice of withdrawal with the commission and serve the notice on all parties. The notice of withdrawal must include the current mailing address, telephone number, facsimile number, and electronic mail address of that party. The withdrawal becomes effective upon receipt by the commission.(g) If a party has another attorney ready to substitute for an attorney who wishes to withdraw, the attorneys shall file a stipulation for substitution of the attorney with the commission and serve notice on all parties. The stipulation must be signed by the withdrawing attorney and the substituting attorney.(h) When an attorney in the same law firm or agency as the attorney of record assumes responsibility for the case, the new attorney must file a replacement entry of appearance with the commission and serve notice on all parties.(i) A party who is represented by an attorney in an appeal or petition for review may not appear or act on the party's own behalf in that appeal or petition for review unless the attorney has withdrawn representation of that party.Eff. 3/27/2011, Register 197; am 2/4/2024, Register 249, April 2024Authority:AS 23.30.008
AS 23.30.127