Alaska R. App. P. 106 (2026)

Rule 106. Precedential Effect of Certain Supreme Court Decisions. (a) Equally Divided Court. In an appeal to the supreme court, any issue or point on appeal on which the justices are equally divided is affirmed in that appeal, but the issue or point decided by an equally divided court shall not have precedential effect. (b) Two-to-One Vote in Supreme Court. In an appeal that is decided with only three of five supreme court justices participating, any issue or point on appeal that the court decides by a two-to-one vote is decided only for purposes of that appeal, and shall not have precedential effect. (Added by SCO 1742 effective November 10, 2010; amended by SCO 1759 effective July 21, 2011) PART II. PROCEDURE ON APPEALS AS OF RIGHT