Cessna 185 Normal Procedures

20 Permissive Joinder of Parties. (a) Permissive Joinder. (b) Separate Trials. 21 Misjoinder and Non-Joinder of Parties. 22 Interpleader. 23 Class Actions. (a) Prerequisites to a Class Action. (b) Class Actions Maintainable. (c) Determination by Order Whether Class Action to Be Maintained—Notice— Judgment—Actions Conducted Partially as Class Actions. (d) Orders in Conduct of Actions. (e) Dismissal or Compromise. 23.1 Derivative Actions By Shareholders. 23.2 Actions Relating to Unincorporated Associations. 24 Intervention. (a) Intervention of Right. (b) Permissive Intervention. (c) Procedure. 25 Substitution of Parties. (a) Death. (b) Incompetency. (c) Transfer of Interest. (d) Public Officers—Death or Separation from Office. PART V. DEPOSITIONS AND DISCOVERY 26 General Provisions Governing Discovery; Duty of Disclosure. (a) Required Disclosures; Methods to Discover Additional Matter. (1) Initial Disclosures. (2) Disclosure of Expert Testimony. (3) Pretrial Disclosures. (4) Form of Disclosures. (5) Methods to Discover Additional Matter. (b) Discovery Scope and Limits. (1) In General. (2) Limitations. (3) Trial Preparation: Materials. (4) Trial Preparation: Experts. (5) Claims of Privilege or Protection of Trial Preparation Materials. (c) Protective Orders. (d) Timing and Sequence of Discovery. (1) Timing of Discovery—Non-Exempted Actions. (2) Timing of Discovery—Exempted Actions. (3) Sequence of Discovery. (e) Supplementation of Disclosures and Responses. (f) Meeting of Parties; Planning for Discovery and Alternative Dispute Resolution. (g) [Applicable to cases filed on or after August 7, 1997.] Limited Discovery; Expedited Calendaring. 26.1 Discovery and Disclosure in Divorce and Legal Separation Actions. (a) Generally. (b) Initial Disclosures. RULES OF CIVIL PROCEDURE 5 CR (c) Scope and Timing of Discovery. (1) Scope. (2) Timing. 27 Depositions Before Action or Pending Appeal. (a) Before Action. (1) Petition. (2) Notice and Service. (3) Order and Examination. (4) Use of Deposition. (b) Pending Appeal and Review. 28 Persons Before Whom Depositions May be Taken; Foreign Commissions and Letters Rogatory. (a) Within the State. (b) In Foreign Jurisdictions. (c) Disqualification for Interest. 29 Stipulations Regarding Discovery Practice. 30 Depositions Upon Oral Examination. (a) When Depositions May Be Taken; When Leave is Required. (b) Notice of Examination: General Requirements; Method of Recording; Production of Documents and Things; Deposition of Organization; Deposition by Telephone. (2) Reserved. (3) Reserved. (4) Reserved. (c) Examination and Cross-Examination; Record of Examination; Oath; Objections. (d) Schedule and Duration; Motion to Terminate or Limit Examination. (e) Review by Witness; Changes; Signing. (f) Certification and Filing by Officer; Exhibits; Copies; Notice of Filing. (g) Failure to Attend or to Serve Subpoena; Expenses. 30.1 Audio and Audio-Visual Depositions. (a) Authorization of Audio-Visual Depositions. (b) Use. (c) Notice. (d) Procedure. (e) Costs. (f) Standards. 31 Depositions Upon Written Questions. (a) Serving Questions; Notice. (b) Officer to Take Responses and Prepare Record. (c) Notice of Filing. 32 Use of Depositions in Court Proceedings. (a) Use of Depositions. (b) Objections to Admissibility. (c) Effect of Taking or Using Depositions. (d) Effect of Errors and Irregularities in Depositions. (1) As to Notice. (2) As to Disqualification of Officer. (3) As to Taking of Deposition. (4) As to Completion and Return of Deposition. 33 Interrogatories to Parties. (a) Availability. (b) Answers and Objections. (c) Scope; Use at Trial. (d) Option to Produce Business Records. 34 Production of Documents, Electronically Stored Information, and Things, and Entry Upon Land for Inspection and Other Purposes. (a) Scope. (b) Procedure. (c) Persons Not Parties. 35 Physical and Mental Examination of Persons. ALASKA COURT RULES 6 (a) Order for Examination. (b) Report of Examiner. 36 Requests for Admission. (a) Request for Admission. (b) Effect of Admission. 37 Failure to Make Disclosure or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. (1) Appropriate Court. (2) Motion. (3) Evasive or Incomplete Disclosure, Answer, or Response. (4) Expenses and Sanctions. (b) Failure to Comply With Order. (1) Sanctions by Court in Judicial District Where Deposition is Taken. (2) Sanctions By Court in Which Action is Pending. (3) Standard for Imposition of Sanctions. (c) Failure to Disclose; False or Misleading Disclosure; Refusal to Admit. (d) Failure of Party to Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Request for Inspection. (e) Reserved. (f) Electronically Stored Information. (g) Failure to Cooperate in Discovery or to Participate in the Framing of a Discovery Plan. PART VI. TRIAL 38 Jury Trial. (a) Right Preserved. (b) Demand. (c) Demand—Specification of Issues. (d) Waiver. 39 Trial by Jury or by the Court. (a) By Jury. (b) By the Court. (c) Advisory Jury and Trial by Consent. 40 Assignment and Hearing of Cases—Calendars—Continuances. (a) Master Calendar. (b) Trial Calendar—Memorandum to Set Civil Case for Trial. (c) Visiting Judges. (d) Application for Orders. (e) Continuances.* 41 Dismissal of Actions. (a) Voluntary Dismissal—Effect Thereof. (1) By Plaintiff—By Stipulation. (2) By Order of Court. (b) Involuntary Dismissal—Effect Thereof. (c) Dismissal of Counterclaim, Cross-Claim, or Third-Party Claim. (d) Costs of Previously Dismissed Action. (e) Dismissal for Want of Prosecution. 42 Consolidation—Separate Trials—Change of Judge. (a) Consolidation. (b) Separate Trials. (c) Change of Judge as a Matter of Right. (1) Nature of Proceedings. (2) Filing and Service. (3) Timeliness. (4) Waiver. (5) Assignment of Action. RULES OF CIVIL PROCEDURE 7 CR PART VII. EVIDENCE AND CONDUCT OF TRIAL 43 Evidence. 43.1 Exhibits. (a) Parties Mark Exhibits. (b) Procedure. (c) Admission. (d) Custody of Exhibits. (e) Final Check. (f) Submission to the Jury. (g) Return of Some Exhibits After Hearing or Trial. (h) Administrative Bulletin. 44 Proof of Official Record. 44.1 Determination of Foreign Law. 45 Subpoena. (a) For Attendance of Witnesses—Form—Issuance. (b) For Production of Documentary Evidence. (c) Service. (d) Subpoena for Taking Depositions—Place of Examination. (e) Subpoena for a Hearing or Trial. (f) Contempt. (g) Enforcement of Administrative Subpoenas. 45.1 Interstate Depositions and Discovery. (a) Definitions. (b) Issuance of Subpoena. (c) Service of Subpoena. (d) Deposition, Production, and Inspection. (e) Application to Court. 46 Conduct of Trials. (a) Statement of Case. (b) Introduction of Evidence. (c) Rebutting Evidence. (d) Examination of Witnesses. (e) Attorney as Witness. (f) Exceptions Unnecessary. (g) Argument of Counsel. (h) Time for Opening Statements and Argument. (i) Regulation of Conduct in the Courtroom. 47 Jurors. (a) Examination of Jurors. (b) Alternate Jurors. (1) Generally. (2) Procedures. (c) Challenges for Cause. (d) Peremptory Challenges. (e) Procedure for Using Challenges. (f) Juries of Less Than Twelve—Majority Verdict. (g) Oath of Jurors. 48 Order of Trial Proceedings—Management of Juries. (a) Conduct of Trial. (b) Instructions—Argument—Retirement of Jury. (c) View of Premises by Jury. (d) Separation of Jury—Admonition—Manner of Keeping Jury Before Submission of Case. (e) Juror Unable to Continue. (f) Jury—Deliberation—Communications. (g) Items Which May Be Taken Into the Jury Room. (h) Discharge of Jury Before Verdict. ALASKA COURT RULES 8 (i) Retrial in the Event of Discharge Without Verdict. (j) Adjournment During Absence of Jury. 49 Special Verdicts and Interrogatories. (a) Returning a Verdict—Polling a Jury—Filing and Entering Verdict. (b) Special Verdicts. (c) General Verdict Accompanied by Answer to Interrogatories. 50 Motion for a Directed Verdict and for Judgment. (a) Motion for Directed Verdict—When Made—Effect. (b) Motion for Judgment Notwithstanding the Verdict. (c) Same—Conditional Rulings on Grant of Motion. (d) Same—Denial of Motion. 51 Instructions to Jury. (a) Requested Instructions—Objections. (b) Instructions to Be Given. 52 Findings by the Court. (a) Effect. (b) Amendment. (c) Preparation and Submission. PART VIII. MASTERS 53 Masters. (a) Appointment and Compensation. (b) Powers. (c) Proceedings. (1) Meetings. (2) Witnesses. (3) Statement of Accounts. (d) Report. (1) Contents and Filing. (2) In Non-Jury Actions. (3) In Jury Actions. (4) Stipulation as to Findings. (5) Draft Report. (6) Report of Magistrate Judge or Deputy Magistrate. PART IX. JUDGMENT 54 Judgments—Costs. (a) Definition—Form—Preparation and Submission. (b) Judgment Upon Multiple Claims or Involving Multiple Parties. (c) Demand for Judgment. (d) Costs. 55 Default. (a) Entry. (1) Application for Default. (2) When Service Required. (b) Judgment by the Clerk. (1) Failure to Appear. (2) Multiple Parties or Claims. (c) Judgment by the Court. (d) Response to Pleading. (e) Setting Aside Default. (f) Plaintiffs, Counterclaimants, Cross-Claimants. (g) Judgment Against the State. (h) Costs and Attorney Fees. (i) Proposed Judgment. 56 Summary Judgment. RULES OF CIVIL PROCEDURE 9 CR (a) For Claimant. (b) For Defending Party. (c) Motion and Proceedings Thereon. (d) Case Not Fully Adjudicated on Motion. (e) Form of Affidavits—Further Testimony—Defense Required. (f) When Affidavits Are Unavailable. (g) Affidavits Made in Bad Faith. 57 Declaratory Judgments—Judgments by Confession. (a) Declaratory Judgments. (b) Confession Judgments—After Commencement of Action. (c) Confession Judgments—Without Action. 58 Entry of Judgment. 58.1 Judgments and Orders—Effective Dates and Commencement of Time for Appeal, Review and Reconsideration. (a) Effective Dates of Orders and Judgments. (1) Oral Orders. (2) Written Orders Not Preceded by Oral Orders. (3) Judgments. (b) Commencement of Time for Appeal, Review and Reconsideration. (c) Date of Notice. (1) Oral Orders. (2) Written Orders. (3) Judgments. (4) Other Service Requirements. (d) Clerk’s Certificate of Distribution. 58.2 Judgments for the Payment of Money. (a) Form Generally. (b) Prejudgment Interest. (c) Identification of Judgment Creditors and Judgment Debtors. (d) Name of Judge. (e) Child Support Orders. (f) Rejection for Noncompliance. 59 New Trials—Amendment of Judgments. (a) Grounds. (b) Motion: Time for Serving—Statement of Grounds. (c) Time for Serving Affidavits. (d) Contents of Affidavit. (e) On Initiative of Court. (f) Motion to Alter or Amend a Judgment. 60 Relief From Judgment or Order. (a) Clerical Mistakes. (b) Mistakes—Inadvertence—Excusable Neglect—Newly Discovered Evidence—Fraud—Etc. (c) Form of Amended or Corrected Judgments. 61 Harmless Error. 62 Stay of Proceedings to Enforce a Judgment. (a) Automatic Stay—Exceptions. (b) Stay on Motion for New Trial or for Judgment. (c) Injunction Pending Appeal or Review. (d) Stay Upon Appeal or Proceedings for Review. (e) Stay in Favor of the State or Agency Thereof. (f) Power of Supreme Court Not Limited. (g) Stay of Judgment Upon Multiple Claims or Multiple Parties. 63 Disability of a Judge. (a) Before Trial. (b) During Trial. (c) After Verdict, etc. ALASKA COURT RULES 10 PART X. PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS 64 Seizure of Person or Property. 65 Injunctions. (a) Preliminary Injunction. (1) Notice. (2) Consolidation of Hearing with Trial on Merits. (b) Temporary Restraining Order—Notice—Hearing—Duration. (c) Security. (d) Form and Scope of Injunction or Restraining Order. (e) Standing Preliminary Injunctions in Domestic Relations Actions. 65.1 Domestic Violence, Stalking, and Sexual Assault Protective Orders — Access to Information. 66 Receivers. 67 Deposit in Court. 68 [Applicable to cases filed before August 7, 1997.] Offer of Judgment. 68 [Applicable to cases filed on or after August 7, 1997.] Offer of Judgment. 69 Execution—Examination of Judgment Debtor—Restraining Disposition of Property—Execution After Five Years. (a) Execution—Discovery. (b) Examination of Judgment Debtor in Court. (c) Order Restraining Disposition of Property. (d) Execution After Five Years. (e) Multiple Executions. (f) Service of Writ of Execution. (1) Service – By Whom. (2) Delivery of Money to the Court. (3) Return of Service of the Writ. (g) Service of Notice on Judgment Debtor. (1) Service Methods. (2) Forms. (3) Who May Sign Affidavit. (4) Number of Notices Required if Multiple Seizures. (5) Proof of Service on Debtor. (A) Proof of Service. (i) Certified Mail. (ii) Personal Service (B) Diligent Inquiry. (C) Return of Seized Funds to Debtor. (h) Confirmation of Sale of Real Property on Execution—Objections—Disposition of Proceeds. (1) Confirmation. (2) Objections. (3) Disposition of Proceeds of Sale. (i) Execution on Alaska Permanent Fund Dividends. (j) Bank Sweeps by Municipal Corporations or the State. (k) Non-Attorney Representation of Municipal Corporations. 70 Judgment for Specific Acts—Vesting Title. 71 Process in Behalf of and Against Persons Not Parties. 72 Eminent Domain. (a) Applicability of Other Rules. (b) Joinder of Properties. (c) Commencement of Action. (1) Complaint. (2) Contents of Complaint. (3) Exhibits to Complaint. (d) Process. (1) Summons. (2) Contents of Summons. (3) Service. (e) Answer or Appearance. RULES OF CIVIL PROCEDURE 11 CR (1) Answer. (2) Notice of Appearance. (3) Disclaimer. (4) Failure to Respond. (5) Other Pleadings or Motions. (f) Amendment of Pleadings. (g) Substitution of Parties. (h) Hearing and Trial. (1) Special Discovery Rules. (A) Expedited Discovery on Authority, Necessity and Possession. (B) Appraisals and Expert Reports. (2) Authority/Necessity/Possession. (A) Declaration of Taking (B) Motions for Possession under AS 09.55.390 and .400. (C) Other Condemnation Actions (D) Possession. (E) Finality. (3) Master’s Hearing. (A) Procedure. (B) Waiver. (4) Filing of Master’s Report. (5) Appeal From Master’s Report. (6) Demand for Jury Trial. (i) Dismissal of Action. (1) As of Right. (2) By Stipulation. (3) By Order of the Court. (4) Want of Prosecution. (5) Effect. (j) Deposit and Its Distribution. (k) Costs. (l) Offer of Judgment. (m) Definitions. 72.1 Expert Advisory Panels in Health Care Provider Malpractice Actions. (a) Identification of Action. (b) Appointment of Panel. (c) Submission of Medical Records. (d) Preliminary Findings of Fact and Conclusions of Law. (e) Instructions to Panel. (f) Interviews by the Panel. (g) [Applicable to cases filed before August 7, 1997] Discovery. (g) [Applicable to cases filed on or after August 7, 1997.] Discovery. PART XI. SUPERIOR COURT AND CLERKS 73 The Clerk. (a) When Clerk’s Office Is Open. (b) Orders by Clerk. (c) Judgments by Clerk. (d) Notice of Orders or Judgments. 74 Books and Records Kept by Clerk and Entries Therein. (a) Civil Case File and Index. (b) Civil Judgments and Orders. (c) Civil Calendar. (d) Other Books and Records of the Clerk. (e) Records to Remain in Custody of Clerk. (f) Use of Records by Court Officers. (g) Records After Final Determination. (h) Documents Presented Ex Parte. ALASKA COURT RULES 12 75 Record of Proceedings — Transcript as Evidence. (a) Record of Proceedings. (b) Transcript as Evidence. 76 Form of Papers. (a) Form in General. (1) Paper Size and Quality: (2) Typed or Hand Printed in Ink: (3) Typeface and Size: (4) Line Spacing: (5) Footer: (6) Single-Sided: (7) Two-Hole Punched: (8) Stapled: (b) Interlineations. (c) Exhibits. (d) Information to be Placed on First Page. (1) Contact Information. (2) Caption. (3) Title of the Action. (e) Name and Bar Number Typed Beneath Signature Line. (f) Judge’s Name Typed on Orders and Judgments. (g) Replacing Papers Lost or Withheld. (h) Compliance With Rule. 77 Motions. (a) Service. (b) Requirements. (c) Opposition. (1) Form. (2) Time. (d) Reply. (e) Oral Argument. (f) Disposition Without Oral Argument. (g) Expedited Consideration. (h) Stipulations. (i) Evidence. (j) Frivolous Motions or Oppositions. (k) Motions for Reconsideration. (l) Citation of Supplemental Authorities. (m) Filings in Microfilmed Cases. 78 Findings, Conclusions, Judgments and Orders—Preparation and Submission. (a) Preparation and Submission—Service. (b) Objections. (c) Punitive Damages Award. (d) Order Upon Stipulation. (e) Instruments on Which Judgment Entered. (f) Form of Judgments. 79 Costs—Taxation and Review. (a) Allowance to Prevailing Party. (b) Cost Bill. (c) Objection and Reply. (d) Taxing of Costs by Clerk. (e) Review by Court. (f) Allowable Costs. (g) Travel Costs. (h) Equitable Apportionment Under AS 09.17.080. 80 Bonds and Undertakings. (a) Approval by Clerk. (b) Qualifications of Sureties. RULES OF CIVIL PROCEDURE 13 CR (1) Individuals. (2) Corporations. (c) Affidavits of Sureties. (1) Individuals. (2) Corporations. (d) Justification of Sureties. (1) Information to Be Furnished. (2) Examination as to Sureties’ Qualifications. (3) Where Not Applicable. (e) Approval by Attorneys. (f) Enforcement Against Sureties. (g) Cash Deposit in Lieu of Bond. (h) Cash Deposit for Bail. 81 Attorneys. (a) Who May Practice. (1) Members of the Alaska Bar Association. (2) Other Attorneys. (3) Authority and Duties of Attorneys. (b) Ex Parte Applications. (c) General Appearance by Counsel. (d) Limited Appearance By Counsel. (e) Withdrawal of Attorney. (f) Stipulations. (g) Time for Argument. (h) Disbarment and Discipline. 82 Attorney’s Fees. (a) Allowance to Prevailing Party. (b) Amount of Award. (c) Motions for Attorney’s Fees. (d) Determination of Award. (e) Equitable Apportionment Under AS 09.17.080. (f) Effect of Rule. 83 Fees: Witnesses—Physicians—Interpreters and Translators. PART XII. SPECIAL PROCEEDINGS 84 Change of Name. (a) Petition. (b) Notice of Application. (c) Judgment—Notice—Filing. (d) Applicability. (e) Change of Name for Minor Child. 85 Forcible Entry and Detainer. a) Practice and Procedure. (1) Complaint. (2) Summons. (3) Continuances. (4) Appearance by Defendant. (5) Service—How Made. (6) Dismissal of Action for Want of Prosecution. (A) By Clerk—Additional Notice to Parties Not Required. (B) By Order of Court. (C) Dismissal Without Prejudice. (b) Referral to District Courts for Trial. 86 Habeas Corpus. (a) Scope of Civil Rules. (b) Complaint. (c) Writ—Order to Show Cause—Warrant. ALASKA COURT RULES 14 (1) Issuance Upon Application. (2) Issuance Without Application. (3) Duplicate Original Writs. (d) Sufficiency of Writ. (e) Service of Writ. (1) Person to Be Served. (2) Tender of Fees. (f) Return. (g) Answer. (1) Contents. (2) Exhibits. (3) Verification. (h) Contempt. (i) Controverting Answer. (j) Hearing and Judgment. (k) Notice of Hearing Before Discharge. (l) Custody of Child. (m) Superseded By Post-Conviction Relief Procedure Under Criminal Rule 35.1. (n) Not a Substitute for Remedies in Trial Court or Direct Review. 87 Civil Arrest. 88 Procedure for Claiming Delivery of Personal Property. (a) Prejudgment Delivery of Personal Property to Plaintiff; Availability. (b) Motion and Affidavit for Delivery. (c) Notice of Motion; Pre-Seizure Hearing. (d) Hearing; Burden of Proof. (e) Issuance of Order; Seizure. (f) New or Additional Undertaking. (g) Sureties on Undertaking. (h) Return by Peace Officer. (i) Defendant’s Security. (j) Ex Parte Prejudgment Delivery of Personal Property. (1) Imminence of Defendant Concealing, Destroying or Conveying the Property. (2) Defendant’s Waiver of Right to Pre-Seizure Hearing. (3) The Government as Plaintiff. (k) Execution, Duration, and Vacation of Ex Parte Orders. (l) Duration and Vacation of Prejudgment Seizure Orders Issued Pursuant to Hearing. 89 Attachment. (a) Prejudgment Attachment; Availability. (b) Motion and Affidavit for Attachment. (c) Notice of Motion; Pre-Attachment Hearing. (d) Hearing; Burden of Proof. (e) Issuance of Writ. (f) Execution of Writ. (g) New or Additional Undertaking. (h) Sureties on Undertaking. (i) Return by Peace Officer. (j) Defendant’s Security. (k) Wages of Defendant. (l) Garnishee Proceedings. (1) Order of Appearance—Service. (2) Failure to Appear—Default. (3) Discovery. (4) Trial of Issues of Fact. (5) Judgment Against Garnishee. (6) Order Restraining Garnishee. (7) Execution. (m) Ex Parte Attachments. (1) When Defendant Non-Resident. RULES OF CIVIL PROCEDURE 15 CR (2) Imminence of Defendant Avoiding Legal Obligations. (3) Defendant’s Waiver of Right to Pre-Attachment Hearing. (4) The Government as Plaintiff. (n) Execution, Duration, and Vacation of Ex Parte Writs of Attachment. (o) Discharge of Attachment Where Perishable Goods Have Been Sold. (p) Duration and Vacation of Writs of Attachment Issued Pursuant to Hearing. 90 Contempts. (a) Contempt in Presence of Court. (b) Other Contempts—Proceedings—Parties. (c) Party in Custody. (d) Bond for Appearance. (e) Return. (f) Hearing and Determination. 90.1 Dissolution of Marriage, Divorce, and Legal Separation Actions. (a) Dissolution of Marriage. (1) Commencement of Action. (2) Verification. (3) Form of Petition. (b) Divorce Actions—Corroborating Witnesses Not Required. (c) Hearing of Divorce and Dissolution Cases. (d) Divorce Actions—Discovery and Disclosure. (e) Divorce Actions—Property Division Table. (f) Confidential Information. (1) Social Security Numbers. (2) Financial Account Numbers. (g) Qualified Domestic Relations Orders. (h) Applicability. (i) Action for Divorce, Dissolution, or Annulment Filed After Action for Legal Separation. (1) Notice of Legal Separation Action. (2) Consolidation of Cases. (j) Action for Legal Separation—Commencement. 90.2 Settlement and Judgments in Favor of a Minor. (a) Approval of Settlement of Claims on Behalf of Minors. (1) Approval. (2) Petition or Motion. (3) Attorneys’ Fees and Costs. (4) Hearing. (5) Termination of Minor’s Rights. (b) Disbursement of Proceeds. (1) Order Directing Payment of Expenses, Costs and Fees. (2) Disposition of Remaining Balance. (3) Standards for Disbursement of Proceeds. (c) Probate Master. (d) Disbursement of Proceeds Resulting from Judgment. 90.3 Child Support Awards. (a) Guidelines—Primary Physical Custody. (1) Adjusted Annual Income. (2) Perceentage. (3) Extended Visitation Credit. (4) Potential Income. (5) Low-Income Adjustment. (b) Shared, Divided, and Hybrid Physical Custody. (1) Shared Physical Custody. (2) Divided Physical Custody. (3) Hybrid Physical Custody. (c) Exceptions. (d) Health Care Coverage. (1) Health Insurance. ALASKA COURT RULES 16 (2) Uncovered Health Care Expenses. (e) Child Support Affidavit and Documentation. (f) Definitions. (1) Shared Physical Custody. (2) Primary Physical Custody. (3) Divided Custody. (4) Hybrid Custody. (5) Health Care Expenses. (g) Travel Expenses. (h) Modification. (1) Material Change of Circumstances. (2) No Retroactive Modification. (3) Preclusion. (i) Third Party Custody. (j) Support Order Forms. (k) Dependent Tax Deduction. 90.4 Proceedings to Establish Parentage. 90.5 Expedited Judicial Relief from Action Against Occupational or Driver’s License for Unpaid Child Support. (a) Scope. (b) Petition. (1) Requirements. (2) Number of Copies. (3) Deadline for Filing. (4) Service on CSSD. (5) Grounds for Rejecting Petition. (c) Response. (d) Hearing. (e) Peremptory Challenge. (f) Relief Available in Expedited Proceeding. (g) Other Judicial Relief. 90.6 Appointment of Child Custody Investigator. (a) Appointment. (b) Qualifications. (c) Disclosure of Conflicts. (d) Report. (1) Deadline for Filing and Contents. (2) Admission of Report into Evidence. (3) Confidentiality. (4) Meeting with Parties. (e) Investigation. (f) Release of Records. (g) Contact with Parties and the Court. (1) Contact with Parties. (2) Contact with Court. (h) Discovery. (i) Compensation. 90.7 Appointment of Guardian Ad Litem in Child Custody Proceedings. (a) When Guardian Ad Litem May Be Appointed. (b) Qualifications. (c) Appointment Order. (d) Disclosure of Conflicts. (e) Role of Guardian Ad Litem. (f) Duty to Investigate. (g) Contact with Child, Other Parties, and the Court. (1) Contact with Child. (2) Contact with Other Parties. (3) Contact with Court. (h) Trial or Hearing Brief. RULES OF CIVIL PROCEDURE 17 CR (i) Testimony. (j) Discovery. (1) Discovery of Documents in Guardian Ad Litem’s Possession. (2) Discovery Regarding Guardian Ad Litem’s Testimony. (3) Other Inquiry. (k) Duty to Maintain Confidentiality. (l) Privileges. (m) Compensation. 90.8 Expedited Applications to Compel Correction of Any Error in Redistricting Plan. (a) Scope. (b) Application. (c) Expedited Proceeding. (d) Record. (e) Scheduling Conference. (f) Assignment. PART XIII. GENERAL PROVISIONS 91 Applicability of Civil Rules In General. (a) Scire Facias—Quo Warranto. (b) Mandamus. (c) Administrative Subpoenas. 92 Construction of Rules. 93 Legal Effect of Rules—Statutes Superseded. 94 Relaxation of Rules. 95 Penalties. 97 Title. 98 Effective Date. 99 Telephonic Participation in Civil Cases. (a) Authorization for Telephonic, Video, or Internet Participation. (b) Procedure. 100 Mediation and Other Forms of Alternative Dispute Resolution. (a) Application. (b) Order. (c) Challenge of Mediator. (d) Mediation Briefs. (e) Conferences. (f) Termination. (g) Confidentiality. (h) Dismissal. (i) Other Forms of Alternative Dispute Resolution. (1) Early Neutral Evaluation. (2) Arbitration. (3) Settlement Conference. (4) Local Dispute Resolution. EDITOR’S NOTE Some court rules are indirectly amended by Supreme Court Order (SCO) 2007 that continues certain procedures after the COVID-19 pandemic. SCO 2007 addresses court procedures for filing by email, signing filings, participating in court proceedings by video, tolling and time calculation under Criminal Rule 45, jury selection, livestreaming court proceedings, and several other topics. SCO 2007 can be found on the Alaska Court System’s website at https://courts.alaska.gov/sco/index.htm For updates and changes, check the Alaska Court System’s website page “SCOs since the Fall publication of the main edition of the Alaska Rules of Court” at https://courts.alaska.gov/sco/index.htm Rule 1 ALASKA COURT RULES 18 PART I. SCOPE OF RULES— CONSTRUCTION—ONE FORM OF ACTION Rule 1. Scope of Rules—Construction. The procedure in the superior court and, so far as applicable, in the district court shall be governed by these rules in all actions or proceedings of a civil nature—legal, equitable, or otherwise. These rules shall be construed to secure the just, speedy and inexpensive determination of every action and proceeding. (Adopted by SCO 5 October 9, 1959; amended by SCO 993 effective January 15, 1990) LAW REVIEW COMMENTARIES “Summary Judgment In Alaska,” 32 Alaska L. Rev. 181 (2015). Rule 2. One Form of Action. There shall be one form of action to be known as a “civil action.” (Adopted by SCO 5 October 9, 1959) PART II. COMMENCEMENT OF ACTION— SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS Rule 3. Commencement of Action and Venue. (a) A civil action is commenced by filing a complaint with the court. The complaint, in order to be accepted for filing, must be accompanied by a completed case description on a form provided by the clerk of court. Unless filing by fax or electronic mail where authorized, the complaint shall also be accompanied by an envelope addressed to the plaintiff with sufficient postage to mail the envelope and all summonses that will be issued in the case. (b) All actions in ejectment, for recovery of possession, for quieting title, for partition, or for the enforcement of liens upon real property shall be commenced in the superior court in the judicial district in which the real property, or any part of it affected by the action, is situated. Such actions may also be commenced in the venue district in which the real property is located if the superior court in the district accepts such cases for filing. (c) If, in a civil action other than one specified in (b) of this rule, a defendant can be personally served within a judicial district of the State of Alaska, the action may be commenced either in: (1) the judicial district in which the claim arose; or (2) a judicial district where the defendant may be personally served; or (3) a venue district where the claim arose if the superior court in the district accepts such cases for filing. (d) Subject to a change of venue motion under AS 22.10.040, a trial and any hearings in an action shall be conducted in a venue district within the judicial district at a location which would best serve the convenience of the parties and witnesses. (e) Actions in cases not otherwise covered under this rule may be commenced in any judicial district of the state. (f) Failure to make timely objection to improper venue waives the venue requirements of this rule. (g) Venue districts as used in this rule refer to the districts referenced in the venue map described in Criminal Rule 18. (h) A petition or request for a protective order on domestic violence under AS 18.66 or a protective order on stalking or sexual assault under AS 18.65 may be filed in either the judicial district or the court location closest to (1) where the petitioner currently or temporarily resides; (2) where the respondent resides; or (3) where the domestic violence, stalking, or sexual assault occurred. (Adopted by SCO 5 October 9, 1959; amended by SCO 554 effective April 4, 1983; by SCO 683 effective May 15, 1986; by SCO 697 effective September 15, 1986; by SCO 714 effective September 15, 1986; by SCO 744 effective December 15, 1986; by SCO 760 effective December 15, 1986; by SCO 811 effective August 1, 1987; by SCO 1097 effective January 15, 1993; by SCO 1128 effective July 15, 1993; by SCO 1269 effective July 15, 1997; by SCO 1397 effective October 15, 2000; by SCO 1402 effective October 15, 2000; by SCO 1450 effective October 15, 2001; by SCO 1656 effective April 15, 2008; by SCO 1740 effective nunc pro tunc to September 7, 2010; by SCO 1819 effective April 15, 2014; by SCO 1865 effective October 15, 2015; and by SCO 1959 effective May 14, 2020) Note to SCO 1269: Civil Rule 3(h) was added by § 68 ch. 64 SLA 1996. Section 8 of this order is adopted for the sole reason that the legislature has mandated the amendment. Note: In 1996, the legislature enacted AS 37.15.583(b), which requires that certain actions pertaining to Alaska clean water fund revenue bonds be commenced and conducted in the superior court at Juneau. According to § 13 ch. 141 SLA 1996, this statute has the effect of amending Civil Rule 3. Note: In 2000, the legislature amended AS 37.15.583(a) to allow the owners of Alaska drinking water fund revenue bonds to file suit to enforce their rights. An action brought under AS 37.15.583(a) must be commenced and conducted in the superior court at Juneau. According to § 24 ch. 61 SLA 2000, the amendment to AS 37.15.583(a) has the effect of amending Civil Rule 3. Note: Ch. 79 SLA 2002 (HB 182), Section 9, adds a new Chapter 25 to Title 45 of the Alaska Statutes, concerning motor vehicle sales and dealers. According to Section 14 of the Act, AS 45.25.020(b) has the effect of amending Civil Rule 3 by establishing a different rule for determining where a legal dispute described in AS 45.25.020(a) may be brought. Note to Civil Rule 3(g): The venue districts referenced in this RULES OF CIVIL PROCEDURE Rule 4 19 rule and in Criminal Rule 18 are shown on the venue map available on the Alaska Court System website at: http://www.courts.alaska.gov/rules/venuemapinfo.htm. Note: Chapter 64, SLA 2010 (SB 60), effective Septem- ber 7, 2010, enacted changes relating to the Uniform Probate Code. According to section 12(a) of the Act, AS 13.16.055(a), as amended by section 9 of the Act, has the effect of amending Civil Rule 3 by establishing a special venue rule for the first informal or formal testacy or appointment proceedings after a decedent’s death when the decedent was not domiciled in this state. According to section 12(b) of the Act, AS 13.12.540, as enacted by section 8 of the Act, has the effect of amending Civil Rule 3 by establishing special venue rules for a petition under AS 13.12.530 or 13.12.535, enacted by section 8 of the Act. Cross References CROSS REFERENCE: AS 09.10.010 Rule 4. Process. (a) Summons—Issuance. Upon the filing of the complaint the clerk shall forthwith issue a summons and deliver it to the plaintiff or the plaintiff’s attorney, who shall cause the summons and a copy of the complaint to be served in accordance with this rule. Upon request of the plaintiff separate or additional summonses shall issue against any defendants. (b) Summons—Form. (1) The summons shall be signed by the clerk, bear the seal of the court, identify the court and the parties, be directed to the defendant, and state the name and address of the plaintiff’s attorney or the plaintiff’s name and address if the plaintiff is unrepresented. It shall also state the time within which the defendant must appear and defend, and notify the defendant that failure to do so will result in judgment by default against the defendant for the relief demanded in the complaint. The summons must also notify the defendant that the defendant has a duty to inform the court and all other parties, in writing, of the defendant’s or defendant’s attorney’s current mailing address and telephone number, and to inform the court and all other parties of any changes, as set out in Civil Rule 5(i). (2) The summons must be on the current version of the summons form developed by the administrative director or a duplicate of the court form. A party or attorney who lodges a duplicate certifies by lodging the duplicate that it conforms to the current version of the court form. (c) Methods of Service—Appointments to Serve Process—Definition of Peace Officer. (1) Service of all process shall be made by a peace officer, by a person specially appointed by the Commissioner of Public Safety for that purpose or, where a rule so provides, by registered or certified mail. (2) A subpoena may be served as provided in Rule 45 without special appointment. (3) Special appointments for the service of all process relating to remedies for the seizure of persons or property pursuant to Rule 64 or for the service of process to enforce a judgment by writ of execution shall only be made by the Commissioner of Public Safety after a thorough investigation of each applicant, and such appointment may be made subject to such conditions as appear proper in the discretion of the Commissioner for the protection of the public. A person so appointed must secure the assistance of a peace officer for the completion of process in each case in which the person may encounter physical resistance or obstruction to the service of process. (4) Special appointments for the service of all process other than the process as provided under paragraph (3) of this subdivision shall be made freely when substantial savings in travel fees and costs will result. (5) The term “peace officer” as used in these rules shall include any officer of the state police, members of the police force of any incorporated city, village or borough, United States Marshals and their deputies, other officers whose duty is to enforce and preserve the public peace, and within the authority conferred upon them, persons specially appointed pursuant to paragraph (3) of this subdivision. (d) Summons—Personal Service. The summons and complaint shall be served together. The plaintiff shall furnish the person making service with such copies as are necessary. Service shall be made as follows: (1) Individuals. Upon an individual other than an infant or an incompetent person, by delivering a copy of the summons and of the complaint to the individual personally, or by leaving copies thereof at the individual’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process. (2) Infants. Upon an infant, by delivering a copy of the summons and complaint to such infant personally, and also to the infant’s father, mother or guardian, or if there be none within the state, then to any person having the care or control of such infant, or with whom the infant resides, or in whose service the infant is employed; or if any service cannot be made upon any of them, then as provided by order of the court. (3) Incompetent Persons. Upon an incompetent person, by delivering a copy of the summons and complaint personally— (A) To the guardian of the person or a competent adult member of the person’s family with whom the person resides, or if the person is living in an institution, then to the director or chief executive officer of the institution, or if service cannot be made upon any of them, then as provided by order of the court; and Rule 4 ALASKA COURT RULES 20 (B) Unless the court otherwise orders, also to the incompetent person. (4) Corporations or Limited Liability Companies. Upon a domestic or foreign corporation or limited liability company, by delivering a copy of the summons and of the complaint to a managing member, an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. (5) Partnerships. Upon a partnership, by delivering a copy of the summons and of the complaint personally to a general partner of such partnership, or to a managing or general agent of the partnership, or to any other agent authorized by appointment or by law to receive service of process, or to a person having control of the business of the partnership; or if service cannot be made upon any of them, then as provided by order of the court. (6) Unincorporated Associations. Upon an unincorporated association, by delivering a copy of the summons and the complaint personally to an officer, a managing or general agent, or to any other person authorized by appointment or by law to receive service of process; or if service cannot be made upon any of them, then as provided by order of the court. (7) State of Alaska. Upon the state, by sending a copy of the summons and the complaint by registered or certified mail to the Attorney General of Alaska, Juneau, Alaska, and (A) to the chief of the attorney general’s office in Anchorage, Alaska, when the matter is filed in the Third Judicial District; or (B) to the chief of the attorney general’s office in Fairbanks, Alaska, when the matter is filed in the Fourth Judicial District. (8) Officer or Agency of State. Upon an officer or agency of the state, by serving the State of Alaska as provided in the preceding paragraph of this rule, and by delivering a copy of the summons and of the complaint to such officer or agency. If the agency is a corporation, the copies shall be delivered as provided in paragraph (4) of this subdivision of this rule. (9) Public Corporations. Upon a borough or incorporated city, town, school district, public utility district, or other public corporation in the state, by delivering a copy of the summons and of the complaint to the chief executive officer or chief clerk or secretary thereof. (10) Unknown Parties. Upon unknown persons who may be made parties in accordance with statute and these rules, by publication as provided in subdivision (e) of this rule. (11) Officer or Agency of State as Agent for Non- governmental Defendant. Whenever, pursuant to statute, an officer or an agency of the State of Alaska has been appointed as agent to receive service for a non-governmental defendant, or whenever, pursuant to statute, an officer or agency of the State of Alaska, has been deemed, considered or construed to be appointed as agent for a non-governmental defendant by virtue of some act, conduct or transaction of such defendant, service of process shall be made in the manner provided by statute. (12) Personal Service Outside State. Upon a party outside the state in the same manner as if service were made within the state, except that service shall be made by a sheriff, constable, bailiff, peace officer or other officer having like authority in the jurisdiction where service is made, or by a person specifically appointed by the court to make service, or by service as provided in subsection (h) of this rule. In an action to enforce any lien upon or claim to, or to remove any encumbrance or lien or cloud upon the title to, real or personal property within the state, such service shall also be made upon the person or persons in possession or in charge of such property, if any. Proof of service shall be in accordance with (f) of this rule. (13) Personal Service in a Foreign Country. Upon an individual in a foreign country— (A) by any internationally agreed means reasonably calculated to give notice, such as those means authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents; (B) if there is no internationally agreed means of service or the applicable international agreement allows other means of service, provided that service is reasonably calculated to give notice: (i) in the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction; (ii) as directed by the foreign authority in response to a letter rogatory or letter of request; or (iii) unless prohibited by the law of the foreign country, by delivery to the individual personally of a copy of the summons and the complaint, or by any form of mail requiring a signed receipt by the party to be served, so long as the return receipt is filed with the court; or (C) by other means not prohibited by international agreement as may be directed by the court. Regardless of which method of service is followed for personal service in a foreign country, before entry of judgment, the court must be satisfied that the method used was a method reasonably likely to effect actual notice. (e) Other Service. When it shall appear by affidavit of a person having knowledge of the facts filed with the clerk that after diligent inquiry a party cannot be served with process under subsections (d) or (h) of this rule, service shall be made by posting on the Alaska Court System’s legal notice website and as otherwise directed by the court as provided in this subsection. The party who seeks to have service made under this subsection shall include in the affidavit of diligent inquiry a discussion of whether other methods of service listed in paragraph (e)(3) may be more likely to give the absent party actual notice. In adoption cases, service by posting on the RULES OF CIVIL PROCEDURE Rule 4 21 Alaska Court System’s legal notice website or by publication will be allowed only if ordered by the court for compelling reasons. (1) Diligent Inquiry. Inquiry as to the absent party’s whereabouts shall be made by the party who seeks to have service made, or by the party’s attorney actually entrusted with the conduct of the action, or by the agent of the attorney. It shall be made of any person who the inquirer has reason to believe possesses knowledge or information as to the absent party’s residence or address or the matter inquired of. Unless otherwise ordered by the court, diligent inquiry shall include a reasonable effort to search the internet for the whereabouts of the absent party. The inquiry shall also be undertaken in person or by letter, and the inquirer shall state that an action has been or is about to be commenced against the party inquired for, that the object of the inquiry is to give such party notice of the action in order that such party may appear and defend it. When the inquiry is made by letter, postage shall be enclosed sufficient for the return of an answer. The affidavit of inquiry shall be made by the inquirer. It shall fully specify the inquiry made, of what persons and in what manner it was made, and a description of any efforts that were made to search the internet, so that by the facts stated therein it may appear that diligent inquiry has been made for the purpose of effecting actual notice. (2) Service by Posting on the Alaska Court System’s Legal Notice Website. A notice shall be continuously posted for four consecutive weeks on the Alaska Court System’s legal notice website. Prior to the last week of posting, the party who seeks to have service made must send the absent party a copy of the notice and the complaint or the pleading (A) by registered or certified mail, with return receipt requested, with postage prepaid, and (B) by regular first class mail. The notice must be addressed in care of the absent party's residence or the place where the party usually receives mail, unless it shall appear by affidavit that the absent party’s residence or place is unknown or cannot be determined after inquiry. (3) Additional Service by Other Methods. In addition to the service required under paragraph (2), the court, in its discretion, may require service of process to be made upon an absent party in any other manner that is reasonably calculated to give the party actual notice of the proceedings and an opportunity to be heard. The method of service could include publication of the notice in a print or online newspaper or other publication at least once a week for four consecutive weeks; service of the notice to the absent party’s e-mail account; posting of the notice to the absent party’s social networking account; physically posting a copy of the notice and complaint on a public bulletin board or on the front door of the absent party’s place of residence; or any method the court determines to be reasonable and appropriate. (4) Mailing Required. If service is allowed by any method listed in paragraph (3), the party who seeks to have service made must also send the absent party a copy of the notice and the complaint by mail as required in paragraph (2). Proof of mailing shall be made by affidavit of a deposit in a post office of the copies of the notice and the complaint or other pleadings. (5) Form and Contents of Notice—Time. The notice referred to in paragraphs (2), (3) and (6) shall be in the form of a summons. It shall state briefly the nature of the action, the relief demanded, and why the party to whom it is addressed is made a party to the action. Where the action concerns real property or where real property of a party has been attached, the notice shall set forth a legal description of the property, shall state the municipality or district in which it is located, and the street or road on which the property is situated, and if the property is improved, it shall state the street number of the same. Where personal property of a party has been attached, the notice shall generally describe the property. If a mortgage is to be foreclosed, the notice shall state the names of all parties thereto and the dates that the mortgage was executed. The notice shall specify the time within which the absent party has to appear or answer or plead, which shall not be less than 20 days after personal service or, if service is made by publication, not less than 30 days after the last date of publication, and shall state the effect of a failure to appear or answer or plead. If the absent party does not appear or answer or plead within the time specified within the notice, the court may proceed as if such party had been served with process within the state. (6) Proof of Service. (A) Service by Posting on the Alaska Court System’s Legal Notice Website. If service is made by posting to the Alaska Court System’s Legal Notice Website, proof of posting shall be made by certification of the court clerk. A printed copy of the posted notice and the dates of posting shall be attached to the clerk’s certificate. (B) Service by Publication in a Printed Newspaper. If service is made by publication in a printed newspaper, proof of publication shall be made by the affidavit of the newspaper’s publisher, printer, manager, foreman, or principal clerk, or by the certificate of the attorney for the party at whose instance the service was made. A printed copy of the published notice with the name of the newspaper and dates of publication marked therein shall be attached to the affidavit or certificate. (C) Service by Posting to an Online Publication Website. If service is made by posting to an online publication website, proof of posting shall be made by affidavit of the online publication’s publisher, printer, manager, foreman, or principal clerk, or by the certificate of the attorney for the party at whose instance the service was made. A printed copy of the posted notice with the name of the online publication and dates of posting marked therein shall be attached to the affidavit or certificate. (D) Service by E-mail or Posting to a Social Networking Account. If service is made by e-mail or posting to a social networking account, proof of e-mail transmission or electronic posting shall be made by affidavit. If service is made by e- mail, a copy of the sent e-mail transmission shall be attached to the affidavit. If service is made by posting a notice on the absent party’s social networking account, a screen print of the posting shall be attached to the affidavit. Rule 4 ALASKA COURT RULES 22 (E) Service by Posting to a Public Bulletin Board or on the Front Door of the Absent Party’s Place of Residence. If service is made by posting to a public bulletin board or on the front door of the absent party’s place of residence, proof of posting shall be made by affidavit of posting of the notice and the complaint or other pleadings. (F) Other Service by Court Order. If the court has allowed service of process to be made upon an absent party in any other manner calculated to give actual notice, proof of service shall be made as directed by the court. (f) Return. The person serving the process shall give proof of service thereof to the party requesting issuance of the process or to the party’s attorney promptly and in any event within the time during which the person served must respond to the process. Within 120 days after filing of the complaint, the party shall file and serve an affidavit identifying the parties who have been served, the date service was made and the parties who remain unserved. If service is made by a person other than a peace officer, the person shall make affidavit thereof, proof of service shall be in writing and shall set forth the manner, place, date of service, and all pleadings or other papers served with the process. Failure to make proof of service does not affect the validity of the service. (g) Amendment. At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the parties against whom the process issued. (h) Service of Process by Mail. In addition to other methods of service provided for by this rule, process may also be served within this state or the United States or any of its possessions by registered or certified mail, with return receipt requested, upon an individual other than an infant or an incompetent person and upon a corporation, partnership, unincorporated association, or public corporation. In such case, copies of the summons and complaint or other process shall be mailed for restricted delivery only to the party to whom the summons or other process is directed or to the person authorized under federal regulation to receive the party’s restricted delivery mail. All receipts shall be so addressed that they are returned to the party serving the summons or process or the party’s attorney. Service of process by mail under this paragraph is complete when the return receipt is signed. (i) RESERVED (j) Summons—Time Limit for Service. The clerk shall review each pending case 120 days after filing of the complaint to determine whether all defendants have been served. If any defendant has not been served, the clerk shall send notice to the plaintiff to show good cause in writing why service on that defendant is not complete. If good cause is not shown within 30 days after distribution of the notice, the court shall dismiss without prejudice the action as to that defendant. The clerk may enter the dismissal if the plaintiff has not opposed dismissal. If the court finds good cause why service has not been made, the court shall establish a new deadline by which plaintiff must file proof of service or proof that plaintiff has made diligent efforts to serve. (Adopted by SCO 5 October 9, 1959; amended by SCO 49 effective January 1, 1963; by SCO 66 effective July 1, 1964; by SCO 90 effective July 24, 1967; by SCO 168 dated June 25, 1973; by SCO 215 effective May 23, 1975; by SCO 266 effective March 31, 1977; by SCO 282 effective November 15, 1977; by SCO 306 effective April 11, 1978; by SCO 357 effective June 30, 1978; by SCO 373 effective August 15, 1979; by SCO 465 effective June 1, 1981; by SCO 591 effective July 1, 1984; by SCO 679 effective June 15, 1986; by SCO 697 effective September 15, 1986; by SCO 714 effective September 15, 1986; by SCO 788 effective March 15, 1987; by SCO 815 effective August 1, 1987; by SCO 836 effective August 1, 1987; by SCO 1025 effective July 15, 1990; by SCO 1128 effective July 15, 1993; by SCO 1153 effective July 15, 1994; by SCO 1269 effective July 15, 1997; by SCO 1295 effective January 15, 1998; by SCO 1445 effective October 15, 2001; by SCO 1482 effective October 15, 2002; by SCO 1522 effective October 15, 2003; by SCO 1525 effective October 15, 2003; by SCO 1581 effective October 15, 2005; by SCO 1570 effective October 15, 2005; by SCO 1607 effective October 15, 2006; by SCO 1713 effective May 16, 2009; by SCO 1716 effective July 1, 2009; by SCO 1769 effective April 16, 2012; by SCO 1788 effective June 15, 2012; by SCO 1834 effective October 15, 2014; by SCO 1939 effective January 1, 2019; and by SCO 2030 effective January 1, 2025) Note: In, 1996, the legislature enacted AS 18.66.160, which relates to service of process in a proceeding to obtain a domestic violence protective order. According to § 77 ch. 64 SLA 1996, this statute has the effect of amending Civil Rule 4. Note: AS 10.06.580(b), as enacted by ch. 166, § 1, SLA 1988, amended Civil Rule 4 by allowing a corporation in an action brought under AS 10.06.580 to serve non-resident dissenting shareholders by certified mail and publication without satisfying the conditions under which certified mail and publication can be used under Civil Rule 4. AS 10.06.638, as enacted by ch. 166, § 1, SLA 1988, amended Civil Rule 4 by changing (1) the requirements for service by publication, and (2) how long a corporation has to respond to a complaint in an involuntary dissolution proceeding before the Commissioner of Commerce and Economic Development may take a default judgment against the corporation. Note: Section 132 of ch. 87 SLA 1997 adds AS 25.27.265(c) which authorizes the court to allow CSED to serve a party by mailing documents to the last known address on file with the agency. This is permitted only if the court finds that CSED has made diligent efforts to serve documents in the appropriate manner. According to § 153 of the Act, § 132 has the effect of amending Civil Rules 4 and 5 by allowing service at the opposing party’s last known address on file with the child support enforcement agency in certain circumstances. Note: Ch. 61 SLA 2002 (HB 52), Section 2, repeals and reenacts AS 33.36.110 to authorize the governor to execute the Interstate Compact for Adult Offender Supervision. According to Section 6 of the Act, Article VIII(a)(2) of the Compact, contained in the new AS 33.36.110, would have the effect of RULES OF CIVIL PROCEDURE Rule 5 23 amending Civil Rule 4 by entitling the Interstate Commission for Adult Offender Supervision to receive service of process of a judicial proceeding in this state that pertains to the Interstate Compact for Adult Offender Supervision and that may affect the powers, responsibilities or actions of that commission. Note: Ch. 128 SLA 2002 (HB 393), Section 3, adds a new Chapter 66 to Title 45 of the Alaska Statutes, concerning the sale of business opportunities. According to Section 4 of the Act, AS 45.66.120(b) has the effect of amending Civil Rule 4 by requiring that the clerk of the court mail a copy of the complaint to the attorney general when an action is filed under AS 45.66.120. Note: Chapter 87 SLA 03 (HB 1) enacted AS 18.65.865, which addresses service of process of protective orders issued under AS 18.65.850-860 for persons who are victims of stalking not involving domestic violence. According to Section 8(a) of the Act, the new AS 18.65.865 has the effect of amending Civil Rule 4 relating to service of process by requiring that service be made in accordance with AS 18.66.160, which governs service of domestic violence protective orders. Note to SCO 1570: Civil Rule 4(d)(13), concerning service on individuals in a foreign country, parallels the language in Federal Rule of Civil Procedure 4(f).The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents, referred to in Civil Rule 4(d)(13), generally provides for service of process by a central authority (usually the Ministry of Justice) in the Convention countries pursuant to a request submitted on a form USM-94 available at the office of any United States Marshall or at http:www.usmarshals.gov/ forms/usm94.pdf. The Convention also permits service of process by international registered mail subject to the option of individual countries to object to such service. Many countries have objected, including Argentina, China, the Czech Republic, Egypt, Germany, Greece, the Republic of South Korea, Latvia, Lithuania, Luxembourg, Norway, Poland, the Slovak Republic, Sri Lanka, Switzerland, Turkey, Ukraine, and Venezuela; service by registered mail is therefore not appropriate in those countries. The full text of the Convention may by found at http://hcch.e-vision.nl/index_en.php?act= conventions.text&cid=17. Current information on the Convention may be found in the United States Department of State’s Circular on Service of Process Abroad, available at http://travel.state.gov/content/travel/english/legal- considerations/judicial/service-of-process.html. Note: Chapter 54 SLA 2005 (HB 95) enacted extensive amendments and new provisions related to public health, including public health emergencies and disasters. According to Section 13(a) of the Act, AS 18.15.375(c)(3), (d), and (e), and 18.15.385(d) –(k), enacted in Section 8, have the effect of amending Civil Rule 4 by adding special proceedings, timing, and pleading requirements for matters involving public health. Note (effective nunc pro tunc to May 16, 2009): Chapter 10 SLA 2009 (HB 137), effective May 16, 2009, enacted changes relating to an Interstate Compact on Educational Opportunity for Military Children. According to section 2 of the Act, AS 14.34.010-.090 have the effect of changing Civil Rule 4 by entitling the Interstate Commission on Educational Opportunity for Military Children to receive service of process of a judicial proceeding in this state that pertains to the Interstate Compact on Educational Opportunity for Military Children, and in which the validity of a compact provision or rule is an issue for which a judicial determination has been sought. Note (effective nunc pro tunc to July 1, 2009): Chapter 37 SLA 2009 (HB 141), effective July 1, 2009, enacted changes relating to the Interstate Compact for Juveniles. According to section 11 of the Act the changes made to AS 47.15.010 have the effect of changing Civil Rule 4 by entitling the Interstate Commission for Juveniles to receive service of process of a judicial proceeding in this state that pertains to the Interstate Compact for Juveniles, and in which the validity of a compact provision or rule is an issue for which a judicial determination has been sought. Note (effective nunc pro tunc to June 15, 2012): Chapter 65, SLA 2012 (HB 296) added a new subsection (c) to AS 09.05.050 relating to service of process on prisoners, effective June 15, 2012. According to section 5 of the Act, AS 09.05.050, including the amendment made by section 1, has the effect of amending Alaska Rule of Civil Procedure 4, relating to service of process on prisoners committed to the custody of the commissioner of corrections. Note: Chapter 65, SLA 2018 (HB 170) enacted comprehensive changes to securities laws. According to section 30(a) of the Act, AS 45.56.630(c) - (e), enacted by section 25 of the Act, have the effect of changing Civil Rules 4 and 5, effective January 1, 2019, by allowing service on the administrator (in the Department of Commerce, Community, and Economic Development) in certain cases. Note: Chapter 11, SLA 2024 (HB 66) enacted changes to mental health commitment procedures. According to sec. 63 of the Act, AS 47.30.700(d) enacted by sec. 48 of the Act has the effect of changing Civil Rules 4 and 5 by restricting the permissible methods by which a court order may be served on a party. Note: The Alaska Court System’s legal notice website, referenced in paragraph (e)(2), is found on the Alaska Court System Website at: http://www.courts.alaska.gov/. Cross References (d) CROSS REFERENCE: AS 09.05.010 (e)(5) CROSS REFERENCE: AS 09.25.070 Rule 5. Service and Filing of Pleadings and Other Papers. (a) Service—When Required. Every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery Rule 5 ALASKA COURT RULES 24 required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, and similar paper shall be served upon each of the parties but no service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4. In an action begun by seizure of property, whether through arrest, attachment, garnishment or similar process, in which no person need be or is named as defendant, any service required to be made prior to the filing of an answer, claim, or appearance shall be made upon the person having custody or possession of the property at the time of its seizure. (b) Service—How Made. Whenever under these rules service is required or permitted to be made upon a party represented by an attorney the service shall be made upon the attorney unless service upon the party is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to the attorney or party, by mailing it to the attorney’s or party’s last known address, by transmitting it to the attorney’s or party’s facsimile machine telephone number or electronic mail address as provided in Civil Rule 5.1(c), or, if no address is known, by leaving it with the clerk of the court. Delivery of a copy within this rule means: handing it to the attorney or to the party; or leaving it at the attorney’s or party’s office with a clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at the attorney’s or party’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Mailing of a copy means mailing it by first class United States mail. Service by mail is complete upon mailing. Service by a commercial delivery company constitutes service by delivery and is complete upon delivery. (c) Service—Numerous Defendants. In any action in which there are unusually large numbers of defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross-claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs. (d) Filing. (1) Except as provided in (2) of this paragraph, all papers after the complaint required to be served upon a party shall be filed with the court either before service or within a reasonable time thereafter. (2) Unless filing is ordered by the court on motion of a party or on its own motion, the following may not be filed unless and until they are used in the proceedings: (i) disclosures under Rule 26(a); (ii) notices of taking depositions and transcripts of depositions; (iii) interrogatories and requests for admissions and answers thereto; (iv) requests for production and responses thereto; (v) subpoenas, including subpoenas duces tecum; (vi) offers of judgment; (vii) proof of service of any of the above; (viii) copies of correspondence between counsel; (ix) exhibits. (e) Filing With the Court Defined. The filing of pleadings and other papers with the court as required by these rules shall be made by filing them with the clerk of the court at the court location where the case is filed unless otherwise directed by the court, except that the judge may permit the papers to be filed with the judge, in which event the judge shall note thereon the filing date and forthwith transmit them to the office of the clerk. Papers may be filed by facsimile transmission or electronic mail only as permitted by Civil Rule 5.1(a). (f) Proof of Service. Proof of service of all papers required or permitted to be served, other than those for which a particular method of proof is prescribed in these rules, must state the name of each person who has been served, must show the day and manner of service and may be by written acknowledgment of service, by certificate of an attorney, an authorized agent of the attorney, or a pro se litigant, by affidavit of the person who served the papers, or by any other proof satisfactory to the court. Proof of service must be made promptly and in any event before action is to be taken on the paper served by the court or the parties. Failure to make the proof of service required by this subdivision does not affect the validity of service; and the court may at any time allow the proof of service to be amended or supplied unless it clearly appears that to do so would result in material prejudice to the substantial rights of any party. (g) Service After Final Judgment. (1) Notwithstanding the provisions of paragraph (b) of this rule requiring service upon an attorney, a party who has been represented by an attorney in an action or proceeding shall be served rather than the attorney in accordance with the provisions of paragraph (b) with a motion or other request for relief filed in the action or proceeding where a period of one year has elapsed since the filing of any paper or the issuance of any process in the action or proceeding, and (i) The final judgment or decree has been entered and the time for filing an appeal has expired, or RULES OF CIVIL PROCEDURE Rule 5.1 25 (ii) If an appeal has been taken, the final judgment or decree upon remand has been entered or the mandate has been issued affirming the judgment or decree, and (iii) The party’s attorney has not filed a notice of continued representation under Rule 81(e)(2). (2) If a party is served under circumstances described in Section (1) of this paragraph, or if a party appeared in his or her own behalf in the prior action or proceeding, the paper served shall include notice to the party of the party’s right to file written opposition or response, the time within which such opposition or response must be filed, and the place where it must be filed. (h) Service on Custody Investigator and Guardian Ad Litem. In all cases involving the custody or visitation of a minor in which a custody investigator or a guardian ad litem has been appointed, the parties shall serve the custody investigator and the guardian ad litem with all pleadings involving the care, custody, or control of the minor. (i) Changes in Addresses and Telephone Numbers. While a case is pending, the parties must immediately inform the court and all other parties, in writing, of any changes in their mailing addresses, e-mail addresses, and telephone numbers, except as provided in Civil Rule 65.1. (Adopted by SCO 5 October 9, 1959; amended by SCO 258 effective November 15, 1976; by SCO 354 effective April 1, 1979; by SCO 372 effective August 15, 1979; by SCO 375 effective August 15, 1979; by SCO 410 effective May 15, 1980; by SCO 471 effective June 1, 1981; by SCO 522 effective October 1, 1982; by SCO 695 effective September 15, 1986; by SCO 731 effective December 15, 1986; by SCO 817 effective August 1, 1987; by SCO 1153 effective July 15, 1994; by SCO 1172 effective July 15, 1995; by SCO 1295 effective January 15, 1998; by SCO 1307 effective January 15, 1998; by SCO 1414 effective October 15, 2000; by SCO 1424 effective April 15, 2001; by SCO 1482 effective October 15, 2002; by SCO 1570 effective October 15, 2005; by SCO 1786 effective October 15, 2012; by SCO 1862 effective January 1, 2016; by SCO 1939 effective January 1, 2019; and by SCO 2030 effective January 1, 2025) Note: Section 132 of ch. 87 SLA 1997 adds AS 25.27.265(c) which authorizes the court to allow CSED to serve a party by mailing documents to the last known address on file with the agency. This is permitted only if the court finds that CSED has made diligent efforts to serve documents in the appropriate manner. According to § 153 of the Act, § 132 has the effect of amending Civil Rules 4 and 5 by allowing service at the opposing party’s last known address on file with the child support enforcement agency in certain circumstances. Note: Chapter 65, SLA 2018 (HB 170) enacted comprehensive changes to securities laws. According to section 30(a) of the Act, AS 45.56.630(c) - (e), enacted by section 25 of the Act, have the effect of changing Civil Rules 4 and 5, effective January 1, 2019, by allowing service on the administrator (in the Department of Commerce, Community, and Economic Development) in certain cases. Note: Chapter 11, SLA 2024 (HB 66) enacted changes to mental health commitment procedures. According to sec. 63 of the Act, AS 47.30.700(d) enacted by sec. 48 of the Act has the effect of changing Civil Rules 4 and 5 by restricting the permissible methods by which a court order may be served on a party. Rule 5.1. Filing and Service by Facsimile Transmission and Electronic Mail. (a) Filing by Facsimile Transmission and Electronic Mail. (1) A party may file documents by fax or electronic mail as permitted by administrative order of the presiding judge or with prior written consent of the judge assigned to the case. Unless the court orders that the original document be filed, a party filing a document by fax or electronic mail shall retain the original and shall produce it for inspection upon request of another party to the action or as ordered by the court. (2) An administrative order permitting documents to be filed by fax or electronic mail may set limits on the size of electronic documents that can be accepted, the format of the documents, the frequency with which a party may file documents, and may establish other particular requirements and limitations. (3) Documents filed by fax or electronic mail that are received by the court before 4:30 p.m. on a day that the court is open for regular business are deemed to have been filed on that business day; documents filed by fax or electronic mail that are received by the court after 4:30 p.m. are deemed to have been filed on the next day that is not a Saturday, Sunday, or a judicial holiday listed in Administrative Rule 16. (b) Filing Foreign Domestic Violence Protective Orders by Facsimile Transmission. Notwithstanding any general administrative orders concerning fax filings issued under (a) of this rule, a court shall accept faxed certified copies of domestic violence protective orders issued by other states, tribes, or territories if (1) the order is faxed by the issuing court, and (2) the facsimile contains a certification that the faxed order is a true and correct copy of the original order on file with the issuing court. (c) Service by Facsimile Transmission and Electronic Mail. (1) Application of this Rule. This rule governs the service of documents by fax or electronic mail. It applies only to documents that may be served under Civil Rule 5(b). It does not apply to documents that must be served under Civil Rule 4. It applies to service by parties and by the court except as provided by Civil Rule 5.3. (2) Method of Service. Service by fax is made by successfully transmitting the document to the facsimile machine telephone number of a person who has consented to be served in this manner. Service by electronic mail is made by Rule 5.2 ALASKA COURT RULES 26 successfully sending an electronic file to an electronic mail address of a person who has consented to be served in this manner. Additional service by mail is not required; however, a copy of the document must be mailed to the person upon request. (3) Consent to Service. A person who is willing to accept service by fax or electronic mail in an action shall so indicate beneath the signature in the person's initial filing or by serving and filing a separate notice of consent. A party may revoke consent by serving and filing a separate notice that consent has been revoked. (4) Page Limit. A person may serve by fax a total of 25 pages per recipient per day unless the parties have agreed to a different page limit. Cover sheets and separators do not count toward the page limit. (5) When Service is Complete. Service by electronic mail is complete upon receipt in the party’s electronic mail account. Service by fax is complete upon receipt of the entire document by the receiving party's facsimile machine. Service that occurs in whole or in part after 4:30 p.m. shall be deemed to have occurred at the opening of business on the next day that is not a Saturday, a Sunday, or a judicial holiday listed in Administrative Rule 16. (6) Proof of Service. If service is made by fax or electronic mail, proof of service must be made in accordance with Civil Rule 5(f), including the date and time of the transmission. (Adopted by SCO 1307 effective January 15, 1998; amended by SCO 1695 effective March 1, 2009; by SCO 1766 effective October 14, 2011; and by SCO 1970 effective July 1, 2021) Note: Presiding judges’ fax filing orders are available on the court system’s website at: http://www. courts.alaska.gov /jord/index.htm#trial. Copies may also be obtained from the office of the court rules attorney, 820 W. 4th Ave., Anchorage, AK 99501, (907) 264- 8231. Rule 5.2. Foreign Orders and Judgments. (a) Notice of Registration of Support and Child Custody Orders. (1) When the court is required by the Uniform Interstate Family Support Act (AS 25.25.101 – .903) or the Uniform Child Custody Jurisdiction and Enforcement Act (AS 25.30.300 – .910) to give notice of registration of a support order, income withholding order, or child custody determination of another state, the court must give the required notice by first class mail, certified mail, or by any means of personal service authorized by Civil Rule 4. If the registering party does not request a method of service, the court will use first class mail. (2) If the registering party requests that the court use a method of notice that provides proof of service, the party shall file proof of service with the court. (3) The time period within which the non-registering party may request a hearing begins on the date the notice is mailed or personally served. (b) Notice of Filing Foreign Judgments. When the court is required by the Uniform Enforcement of Foreign Judgments Act (AS 09.30.200 – .270) to give notice of the filing of a foreign judgment, the court must promptly give that notice by first class mail. As provided in AS 09.30.210(b), a judgment creditor may mail an additional notice by first class or certified mail. (c) Confidentiality of Social Security Numbers. Social security numbers shall not become part of the public record. (1) When a judgment or order to be registered contains social security numbers, the filing party shall submit an un- redacted certified copy of the judgment or order and a duplicate with the social security numbers redacted. The filing party must omit or redact social security numbers from all other documents filed in the case unless otherwise ordered by the court. (2) If the filing party is required by law to provide the obligor’s social security number to the court, the filing party shall provide the information, if known, on a confidential information sheet. The clerk of court shall provide a copy of the confidential information sheet to the Child Support Services Division upon request or whenever the court provides a child support order to a child support agency as required by state law. Further disclosure shall be authorized by court order only upon a showing of good cause. (d) Service of Motions, Petitions, and Complaints to Enforce or Modify Registered Support and Child Custody Orders. (1) Support Orders. A party may serve a motion or complaint to enforce or modify a registered out-of-state support order by first class mail under Civil Rule 5. (2) Child Custody Determinations. (A) Enforcement. A party may serve a motion or petition to enforce a registered out-of-state custody determination by first class mail under Civil Rule 5. A petition for expedited enforcement under AS 25.30.460 must be served to provide timely notice. If the motion to enforce the registered out-of- state child custody determination includes an application for a warrant to take physical custody of a child, the documents may be served before, but must be served no later than immediately after the child is taken into physical custody according to AS 25.30.490. (B) Modification. A party may serve a motion or petition to modify a registered out-of-state child custody determination by any means of service authorized by Civil Rule 4. (Adopted by SCO 1714 effective October 15, 2009; amended by SCO 1855 effective October 15, 2015) RULES OF CIVIL PROCEDURE Rule 5.4 27 Note: The statutes requiring the clerk to give notice are AS 25.25.605 and .609 (support orders), AS 25.30.430 (custody determinations) and AS 09.30.210 (foreign judgments). Rule 5.3 Electronic Distribution by the Court. (a) When Allowed. The Alaska Court System may use electronic mail to distribute notices, orders, judgments, and other documents to attorneys, to court-appointed professionals, and to agencies and other entities that routinely receive documents from the court. Self-represented persons may opt in to e-mail distribution. (b) E-Mail Addresses. (1) Attorneys. All Alaska bar members who have cases pending in state court must provide a current e-mail address to the Alaska Bar Association at http://www.alaskabar.org/members. The Alaska Court System will use the bar association database for document distribution to Alaska bar members. Attorneys who are not members of the Alaska Bar Association but are appearing in a particular state court proceeding may, if they want the court to distribute documents to them directly by e-mail, submit a current e-mail address and their case number to the court system at E-distribution@akcourts.gov. All attorneys may associate other e-mail addresses with their own, such as those of support staff or other attorneys, by supplementing their information with the Alaska Bar Association (for Alaska bar members) or the court system (for non-Alaska bar members) as specified above. Those associated e-mail addresses will receive all court e-mails sent in all cases to the principal attorney, and not just those in a particular case. (2) Agencies and other entities. Agencies and other entities that routinely receive court documents shall provide the court system, at E-distribution@akcourts.gov, with a single e-mail address for each office location or optionally with a single e-mail address for each sub-group that handles distinct case types at an office location. Notwithstanding paragraph (b)(1), an agency may elect to have the court distribute documents to its attorneys at the relevant agency address provided above. Upon notice filed in a pending case, the court will also distribute documents to the agency attorney’s individual e-mail address. (3) Guardians Ad Litem, Court Visitors, and Custody Investigators. Professionals appointed by the court shall submit an e-mail address and identify their role in the case at E- distribution@akcourts.gov. (4) Self-Represented Parties. Self-represented parties may file a notice in their case requesting e-distribution of court documents to a specified e-mail address. Absent a request to use a different service address, self-represented parties who file documents by e-mail are deemed to have requested e- distribution of court documents to that same e-mail address. (5) Changes to e-mail addresses. Changes to e-mail addresses must be provided immediately using the same method that was used to provide the e-mail address initially. (c) Time for Response. E-mail distributions will be treated as if conventionally mailed for purposes of computing the due date of any required or optional response. But no additional time shall be added if a court order specifies a particular date by which an act must occur. (d) Certified Documents. The court will send certified copies by first class mail of: • Letters Testamentary, • Letters of Administration, • Letters of Guardianship, • Letters of Conservatorship, • Orders Approving Minor Settlement, • Certificates of Name Changes, • Dissolution and Divorce Decrees, • Qualified Domestic Relations Orders, • Orders Dividing Military Retired Pay, • Adoption Decrees with associated Findings and Conclusions, and • Financial Abuse Protection Orders. Certified copies of other court documents may be requested as needed. (e) Standards. The administrative director may adopt technical and procedural standards for electronic distribution by the court. (Adopted by SCO 1862 effective January 1, 2016; amended by SCO 1889 effective August 1, 2016; by SCO 1959 effective May 14, 2020; and by SCO 2045 effective April 23, 2026) Note to Civil Rule 5.3(e): See Administrative Bulletin 89. Rule 5.4. Registration of Tribal Court Orders Under the Comity Doctrine. (a) Applicability. This rule applies to tribal court orders of federally recognized tribes in divorce, dissolution, custody, paternity, minor name change, and adult name change cases. This rule does not apply when a state or federal law provides different procedures for recognition, including, for example, protection orders under the Violence Against Women Act, tribal child support orders under the Uniform Interstate Family Support Act, and child protection orders subject to CINA Rules 24 and 25. (b) Procedure for Filing Tribal Court Order. An Indian tribe, tribal organization, or any person may request to register a tribal court order identified in subsection (a) by filing the following documents in superior court: Rule 6 ALASKA COURT RULES 28 (1) a letter, motion, petition, or other document requesting that the superior court register and confirm the tribal court’s order; (2) a copy of the tribal court order to be registered; (3) a statement, made under penalty of perjury, that the tribal court order has not been vacated, stayed, or modified, and whether the tribal court order has been registered in Alaska or any other jurisdiction; and (4) contact information including the last known address, phone number, and email address of (A) the tribal court that issued the order, (B) each party in the tribal court case, and (C) the person seeking registration. (c) Service. (1) The court must serve a copy of the following documents on the tribal court and all people named in paragraph (b)(4) by first class mail: (A) the documents filed under subsection (b); and (B) the Notice of Registration Request described in subsection (d). (2) The registering party may give additional notice using any method of service allowed by Civil Rule 4. The registering party must retain the proof of service and not file it with the court unless it is needed in future proceedings. (3) The time period within which a non-registering party may request a hearing begins on the date the court mails the notice. (d) Contents of the Notice of Registration Request. The Notice of Registration Request required in subparagraph (c)(1)(C) must state the following: (1) a registered tribal court order is enforceable as if it was issued by the state superior court; (2) a party who wants to object to registering the tribal court order must file a request for a hearing within 20 days after being served the Notice of Registration Request; and (3) if no party objects to registering the order, the superior court may register it, and the parties may not have another chance to argue against registering it. (e) Request for Hearing on Confirmation of Registration. A person or entity that wants to object to the registration of a tribal court order must file a request for a hearing with the registering state superior court within 20 days after being served the notice. (f) Confirmation of Registration. (1) After a hearing, or expiration of the 20-day period for requesting a hearing, the superior court must confirm registration of the tribal court order under the comity doctrine unless the superior court determines that: (A) the person or entity requesting the registration did not follow subsections (a) through (d) of this rule; (B) the tribal court did not have jurisdiction over the parties or the proceeding in which the tribal court order was entered; (C) the tribal court order being registered has been vacated, stayed, or modified by a court having jurisdiction to do so; (D) the person or entity objecting to registration was entitled to notice but was not given reasonable notice before the tribal court made its decision, or, if notice was given, the person objecting to registration was not given an opportunity to be heard before the tribal court made its decision; or (E) comity recognition would be against the public policy of the State of Alaska. (2) When determining whether to grant comity recognition to the tribal court order, the superior court must (A) enter a written order, including findings of fact and conclusions of law, confirming or denying registration of the tribal court order, and (B) distribute the order to the person or entity requesting registration, the tribal court, and all persons listed in paragraph (b)(4). (g) Recognition and Enforcement of Registered Orders. Alaska courts recognize and enforce tribal court orders registered in accordance with this rule. A court of this state may grant any relief available under the law of this state to enforce a registered tribal court order. (Adopted by SCO 2011 effective July 1, 2024) Note to Civil Rule 5.4: In John v. Baker, 982 P.2d 738 (Alaska 1999), the Alaska Supreme Court held that tribal court orders should be given comity recognition as a general rule. Recognition should be denied only if the tribal court lacked personal or subject matter jurisdiction, a party was denied due process (although differences in tribal court processes should be respected), or the order is against the public policy of the State of Alaska. Rule 6. Time. (a) Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run is not to be included. The last day of the period is to be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. When the period of time RULES OF CIVIL PROCEDURE Rule 7 29 prescribed or allowed is less than seven days, not counting any period for mailing added under subsection (c) of this rule, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. A half holiday shall be considered as other days and not as a holiday. (b) Enlargement. When by these rules or by a notice given thereunder or by order of the court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; but it may not extend the time for taking any action under Rules 50(b), 52(b), 59(b), and (e) and (f), and 60(b), except to the extent and under the conditions stated in them. (c) Additional Time After Service or Distribution by Non-Electronic Mail. Whenever a party has the right or is required to act within a prescribed period after the service or distribution of a document, other than documents served under Civil Rule 4(h), and the document is served or distributed by non-electronic mail, three calendar days shall be added to the prescribed period. However, no additional time shall be added if a court order specifies a particular calendar date by which an act must occur. (Adopted by SCO 5 October 9, 1959; amended by SCO 49 effective January 1, 1963; by SCO 98 effective September 16, 1968; by SCO 258 effective November 15, 1976; by SCO 274 effective June 15, 1977; by SCO 704 effective September 15, 1986; by SCO 836 effective August 1, 1987; by SCO 878 effective July 15, 1988; by SCO 1007 effective January 15, 1990; by SCO 1639 effective October 15, 2007; by SCO 1694 effective October 15, 2009; by SCO 1766 effective October 14, 2011; by SCO 1875 effective July 1, 2016; by SCO 1875 effective March 9, 2021; by SCO 1990 effective October 13, 2022; and by SCO 1995 rescinded SCO 1875 effective November 29, 2022) Note: Ch. 77 SLA 2002 (HB 157), Section 2, adds new Chapter 26 to Title 6 of the Alaska Statutes, concerning providers of fiduciary services. According to Section 9 of the Act, AS 06.26.760(b)(2) has the effect of amending Civil Rule 6 by postponing the deadlines for the filing of pleadings and other documents by a trust company in a civil action when the Department of Community and Economic Development has taken possession of the trust company. Note: SCO 1875 and SCO 1875 (Amended) are rescinded by SCO 1995. SCO 1875 (Amended) provided the following: Civil Rule 6(a), Criminal Rule 40(a), and Appellate Rule 502(a) are amended on a temporary basis as follows: Any filing that is due on a day that the court is closed for either a full day or a partial day will beconsidered timely filed if it is filed by close of business on the next regular business day. Any day the court is closed for a full weekday or partial weekday will be considered a “legal holiday” for the purposes of time computation. Court closures will be announced on the Alaska Court System website at http://courts.alaska.gov/. During a transition period until January 1, 2023, any filing that is due on a Friday in December 2022 will be deemed timely filed if filed by the close of business on the next regular business day. Also, those Fridays are deemed a “legal holiday” for the purposes of time computation. Note: Chapter 41, SLA 2022 (HB 172) enacted procedures for involuntarily holding a person at an evaluation or subacute mental health facility. According to section 35 of the Act, provisions in sections 16 (enacting AS 47.30.708(d)) and 20 (amending AS 47.30.805(a)(1)) of the Act have the effect of changing Civil Rule 6, effective October 13, 2022, by changing the procedure for computing time in certain cases. PART III. PLEADINGS AND MOTIONS Rule 7. Pleadings Allowed—Form of Motions. (a) Pleadings. There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint, if leave is given under Rule 14 to summon a person who was not an original party; and a third-party answer, if a third-party complaint is served. No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer. (b) Motions and Other Papers. (1) An application