Alaska R. App. P. 12 (2026)

Rule 12. Withdrawal from cases under this subsection requires a notice pursuant to subparagraph (f)(1)(B) or a substitution of counsel under paragraph (f)(2). (d) Superseding Entry of Appearance. 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 and serve a superseding entry of appearance. Court approval is not required. (e) When Attorney Leaves Law Firm. When an attorney of record leaves the employment of a law firm and the attorney will continue representing the party in a pending appeal, the attorney must file a notice with the court listing the attorney’s new address and contact information. If a notice is not filed, the law firm is presumed to continue to represent the party, and an attorney in that firm must file a superseding entry of appearance under subsection (d) of this rule. (f) Withdrawal or Substitution. (1) Withdrawal. An attorney may withdraw as counsel for a party under one of the following provisions. (A) The appellate court may allow an attorney to withdraw for good cause with or without the consent of the party. (i) The attorney must file and serve upon the party a motion and a list of pending court deadlines. The motion must include the current service address and telephone number of the party. The attorney must file proof that the motion and the list of deadlines were served on the party. (ii) The attorney for a person who seeks appellate review of a final judgment in a criminal case or a final order resolving a post-conviction relief action under Criminal Rule 35.1 will not be permitted to withdraw until the notice of appeal or petition and the documents required to be filed with the appeal or petition by Appellate Rule 204, Appellate Rule 215, or Appellate Rule 403(h) have been accepted for filing by the clerk of the appellate courts, or unless the court otherwise allows. (B) If an attorney has filed a limited entry of appearance in a civil case pursuant to subsection (c) of this rule, the attorney may withdraw without court approval by filing and serving on all other parties a notice certifying that the attorney has (1) taken all actions necessitated by the limited representation, and (2) provided to the party a list of deadlines. The notice must also state that the attorney's limited representation has concluded and provide a current service address and telephone number for the party.

(2) Substitution of Counsel. If the party has other counsel ready to be substituted for the attorney who wishes to withdraw, the attorneys may file and serve on all other parties a stipulation for substitution of counsel. The stipulation must be signed by the withdrawing attorney and the substituting attorney. Court approval is not required. In the absence of a stipulation, the substituting attorney must file a motion requesting substitution of counsel. In cases where both attorneys are paid at public expense, substitution of counsel can be accomplished by having the new attorney file a superseding entry of appearance. (g) Trial Court Representation Not Affected. An entry of appearance, limited entry of appearance, superseding entry of appearance, substitution, or withdrawal of an attorney in the appellate courts does not affect the representation of a party in the trial court. (SCO 1868 effective April 15, 2016; and by SCO 1972 effective October 15, 2021) Rule 517.2 Participation of Amicus Curiae. (a) An amicus curiae may participate in an appellate case by: (1) filing a notice confirming that all parties consent to participation; (2) filing a motion identifying the interest of the applicant and stating the reasons why participation is desirable; the motion may be accompanied by the proposed brief or memorandum; or (3) accepting a request from the appellate court for participation as an amicus curiae. (b) An amicus curiae shall file its brief or memorandum within the time allowed to the party whose position as to affirmance or reversal the amicus curiae will support. The court for cause shown may grant a motion for a different filing schedule. A brief shall be in the form prescribed by Rule 212 and shall be duplicated and served pursuant to the requirements of Rule 212(a)(2). (c) An amicus curiae may participate in oral argument only at the invitation of the court or by granted motion. A motion to participate in oral argument will be granted only for good cause. (Adopted by SCO 2029 effective April 15, 2025)