As amended through November 12, 2024
Rule 511 - Dismissal of Causes(a) Dismissal by Agreement. Whenever the parties, by their attorneys of record, shall file with the clerk of the appellate court an agreement in writing that an appeal or petition be dismissed, specifying the terms with respect to costs, and shall pay to the clerk any fees that may be due the clerk, the clerk shall enter an order of dismissal without further reference to the court. (b) Dismissal by Appellant or Petitioner.(1) Whenever an appellant or petitioner in the appellate court, by the appellant's or petitioner's attorney of record, shall file with the clerk of that court a motion to dismiss a proceeding to which such appellant or petitioner is a party, with proof of service as prescribed by these rules, and shall tender to the clerk any fees and costs that may be due, the adverse party, within seven days after service thereof, may file an objection, after which time the matter shall be determined by the court.(2) If no objection is filed, the clerk shall enter an order of dismissal without further reference to the court.(c) Voluntary Dismissal by Criminal Defendant. A motion or stipulation for the voluntary dismissal of an appeal by a criminal defendant under paragraph (a) or (b) shall not be granted unless the motion or stipulation includes either: (1) A signed statement by the defendant stating that the defendant understands the consequences of the dismissal and consents to it, or(2) Explicit certification by counsel for the defendant that counsel has explained the consequences of dismissal to the client and is satisfied that the client understands the consequences of dismissal and consents to it.(d) Mandate Not Required. No mandate shall issue on a dismissal under this rule or Rule 511.5 without an order of the court. However, the clerk shall notify the court whose judgment was appealed.SCO 439 effective 11/15/1980; amended by SCO 510 effective 8/30/1982; by SCO 728 effective 12/15/1986; by SCO 1153 effective 7/15/1994; by SCO 1283 effective 9/2/1997; by SCO 1301 effective 1/15/1998; by SCO 1361 effective 10/15/1999; by SCO 1726 effective 4/15/2011; and by SCO 1908 effective nunc pro tunc 5/11/2017.Chapter 6, SLA 2017 (HB 104) repeals AS 09.68.130 and its requirements that the Alaska Judicial Council collect information about certain civil litigation from parties. Section 1 of the act repeals Civil Rule 41(a)(3) and Appellate Rule 511(c) and (e), effective May 11, 2017. Those rule provisions had required compliance with AS 09.68.130. This rule change is adopted for the sole reason that the legislature has mandated the amendment.