Alaska Statutes
Title 9. Code of Civil Procedure

Sec. 09.05.030. Service on personal representative of deceased nonresident; substitution of personal representative. - (a) The death of a nonresident does not revoke the...

Sec. 09.05.040. Service of process on resident who leaves state after accident. - A resident who has operated a motor vehicle, or has...

Sec. 09.05.050. Service of process on state prisoners. - (a) In a civil action to which a person committed...

Chapter 10. Limitations of Actions

Sec. 09.10.010. General limitations on civil actions. - A person may not commence a civil action except within...

Sec. 09.10.030. Actions to recover real property. - (a) Except as provided in (b) of this section, a...

Sec. 09.10.040. Action upon judgment or sealed instrument in 10 years. - (a) A person may not bring an action upon a...

Sec. 09.10.050. Certain property actions to be brought in six years. - Unless the action is commenced within six years, a person...

Sec. 09.10.053. Contract actions to be brought in three years. - Unless the action is commenced within three years, a person...

Sec. 09.10.054. Limits on when certain design, construction, and remodeling actions may be brought. - (a) For actions covered under AS 09.45.881 - 09.45.899, a...

Sec. 09.10.055. Statute of repose of 10 years. - (a) Notwithstanding the disability of minority described under AS 09.10.140(a),...

Sec. 09.10.060. Actions for certain statutory penalties to be brought in three years. - (a) [Repealed, § 2 ch 70 SLA 1996.] (b) A...

Sec. 09.10.065. Commencement of actions for acts constituting sexual offenses. - (a) A person may bring an action at any time...

Sec. 09.10.070. Actions for torts, for injury to personal property, for certain statutory liabilities, and against peace officers and coroners to be brought in two years. - (a) Except as otherwise provided by law, a person may...

Sec. 09.10.075. Actions related to claims based on medical assistance payment fraud. - Except as provided in AS 09.58.070, a person may not...

Sec. 09.10.080. Actions related to escape to be brought in one year. - A person may not bring an action against a peace...

Sec. 09.10.090. Actions for penalty. - A person may not bring an action upon a statute...

Sec. 09.10.100. Other actions in 10 years. - An action for a cause not otherwise provided for may...

Sec. 09.10.110. Accrual of cause of action upon mutual, open, and current account. - In an action brought to recover a balance due upon...

Sec. 09.10.120. Actions in name of state, political subdivisions, or public corporations. - (a) Except as provided in AS 09.10.075, an action brought...

Sec. 09.10.130. Effect of absence from state or concealment. - When the cause of action accrues against a person who...

Sec. 09.10.140. Disabilities of minority and incompetency. - (a) Except as provided under (c) of this section, if...

Sec. 09.10.160. Disability of alien during war. - When a person is an alien subject or citizen of...

Sec. 09.10.170. Commencement stayed by injunction or statute. - When the commencement of an action is stayed by injunction...

Sec. 09.10.180. Time at which disability exists. - A person may not claim the benefit of a disability...

Sec. 09.10.190. Coexisting disabilities. - When two or more disabilities coexist at the time the...

Sec. 09.10.200. Acknowledgment or promise. - No acknowledgment or promise is sufficient evidence of a new...

Sec. 09.10.210. Past due payments. - When a past due payment of principal or interest is...

Sec. 09.10.220. Action arising in other jurisdictions between nonresidents. - When a cause of action has arisen in another state...

Sec. 09.10.230. Certain actions relating to real property. - A person may not bring an action for the determination...

Sec. 09.10.240. Commencement of action after dismissal or reversal. - If an action is commenced within the time prescribed and...

Chapter 15. Parties

Sec. 09.15.010. Parents or guardian may sue for injuries or death to child. - A parent may maintain an action as plaintiff for the...

Sec. 09.15.020. Parents or guardian may sue for seduction of child. - A parent may maintain an action as plaintiff for the...

Sec. 09.15.040. Death or disability of a party. - In case of the death or disability of a party...

Chapter 17. Civil Damages and Apportionment of Fault

Sec. 09.17.010. Noneconomic damages. - (a) In an action to recover damages for personal injury...

Sec. 09.17.020. Punitive damages. - (a) In an action in which a claim of punitive...

Sec. 09.17.040. Award of damages; periodic payments. - (a) In every case where damages for personal injury are...

Sec. 09.17.060. Effect of contributory fault. - In an action based on fault seeking to recover damages...

Sec. 09.17.070. Collateral benefits. - (a) After the fact finder has rendered an award to...

Sec. 09.17.080. Apportionment of damages. - (a) In all actions involving fault of more than one...

Sec. 09.17.900. Definition. - In this chapter, “fault” includes acts or omissions that are...

Chapter 19. Prisoner and Correctional Facility Litigation Against the State

Sec. 09.19.010. Limitation on exemption from filing fees. - (a) A prisoner may not commence litigation against the state...

Sec. 09.19.020. Dismissal for material misstatements. - If a prisoner has filed litigation against the state, the...

Sec. 09.19.030. Stay in prisoner disciplinary appeals. - A superior court that reviews a disciplinary decision of the...

Sec. 09.19.040. Injunctions or orders imposing obligations in prisoner cases. - In litigation against the state brought by a prisoner, a...

Sec. 09.19.050. Discovery in prisoner cases. - The automatic disclosure provisions of Rule 26, Alaska Rules of...

Sec. 09.19.100. Definitions. - In this chapter, (1) “litigation against the state” means a...

Sec. 09.19.200. Correctional facility litigation. - (a) Except as provided in (b) and (e) of this...

Chapter 20. Trial

Article 1. Jurors and Verdict.

Sec. 09.20.010. Qualification of jurors; interpreters. - (a) A person is qualified to act as a juror...

Sec. 09.20.020. Disqualification of jurors. - A person is disqualified from serving as a juror if...

Sec. 09.20.025. Limitation on jury service. - A person may not be required to serve more than...

Sec. 09.20.030. Exemptions. - (a) A person may claim exemption and may be excused...

Sec. 09.20.035. Deferral of jury service. - A person may have jury service deferred if the person...

Sec. 09.20.037. Protection for employee on jury duty. - (a) An employer may not deprive an employee of employment...

Sec. 09.20.040. Compliance with statute. - The selection of jurors shall be made in substantial compliance...

Sec. 09.20.050. Jury list. - (a) At such times as need may require, but not...

Sec. 09.20.060. Use of jury box or computer list. - The clerk of the court shall write the names included...

Sec. 09.20.070. Public drawing for jurors for panel. - Under the direction of the court the clerk shall conduct...

Sec. 09.20.080. Jury panel. - (a) The jury panel for the trial of civil cases...

Sec. 09.20.090. Impaneling the trial jury. - When a civil case that is to be tried by...

Sec. 09.20.100. Verdicts. - In a civil case tried by a jury in any...

Article 2. Witnesses.

Sec. 09.20.110. Service on concealed witness. - If a witness is concealed in a building or vessel...

Sec. 09.20.120. Disobedience to subpoena. - A witness who disobeys a subpoena served on the witness...

Sec. 09.20.130. Proceedings for examination of prisoner as a witness. - (a) If a witness is a prisoner confined in a...

Sec. 09.20.140. Compelling person to testify. - A person present in court or before a judicial officer...

Sec. 09.20.150. Witnesses are exonerated from civil arrest. - A person who has been served in good faith with...

Sec. 09.20.160. Affidavit as prerequisite to officer's liability. - (a) The officer making the arrest is not liable in...

Sec. 09.20.170. Discharge from improper arrest. - The court, judge, referee, or other person before whom the...

Sec. 09.20.180. Exclusion of witnesses from courtroom. - Except as provided in AS 12.61.010 and AS 47.12.110(b), upon...

Sec. 09.20.185. Expert witness qualification. - (a) In an action based on professional negligence, a person...

Chapter 25. Evidence, Presumptions, and Privileges

Article 1. Evidence and Presumptions.

Sec. 09.25.010. Statute of frauds. - (a) In the following cases and under the following conditions...

Sec. 09.25.020. Exceptions to statute of frauds. - A contract, promise, or agreement that is subject to AS...

Sec. 09.25.030. Representations as to credit, skill, or character of a third person. - Evidence is not admissible to charge a person upon a...

Sec. 09.25.040. Rules for construing real estate descriptions. - The following are the rules for construing the descriptive part...

Sec. 09.25.051. Admissibility of DNA profiles. - (a) In a civil action or proceeding, evidence of a...

Sec. 09.25.060. Fraud presumed from retention of possession. - Every sale or assignment of personal property unless accompanied by...

Sec. 09.25.070. Evidence of publication. - Evidence of the publication of a document or notice required...

Sec. 09.25.080. Right to receipt upon payment or delivery. - A person who pays money or delivers an instrument or...

Sec. 09.25.090. Objections to tender. - The person to whom a tender is made shall at...

Sec. 09.25.095. Effect of private seals and scrolls. - Private seals and scrolls as a substitute for seals are...

Article 2. Privilege of Public Officials and Reporters.

Sec. 09.25.300. Claiming of privilege by public official or reporter. - Except as provided in AS 09.25.300 - 09.25.390, a public...

Sec. 09.25.310. Challenge of privilege before superior or supreme court. - (a) When a public official or reporter claims the privilege...

Sec. 09.25.320. Challenge of privilege before other bodies. - (a) This section is applicable to a hearing held under...

Sec. 09.25.330. Order subject to review. - An order of the superior court entered under AS 09.25.300...

Sec. 09.25.340. Extent of privilege. - When a public official or reporter claims the privilege conferred...

Sec. 09.25.350. Application of privilege in other courts. - AS 09.25.300 - 09.25.390 also apply to proceedings held under...

Sec. 09.25.360. AS 09.25.300 - 09.25.390 do not abridge other privileges. - AS 09.25.300 - 09.25.390 may not be construed to abridge...

Sec. 09.25.390. Definitions for AS 09.25.300 - 09.25.390. - In AS 09.25.300 - 09.25.390, unless the context otherwise requires,...

Article 3. Other Privileges.

Sec. 09.25.400. Privilege relating to domestic violence and sexual assault counseling. - Confidential communications between a victim of domestic violence or sexual...

Article 4. Privileges and Immunities Related to Disclosure of Certain Self-Audits and Violations.

Sec. 09.25.450. Audit report privilege. - (a) Except as provided in AS 09.25.460, an owner or...

Sec. 09.25.455. Waiver and disclosure. - (a) The privilege in AS 09.25.450 does not apply to...

Sec. 09.25.460. Nonprivileged materials. - (a) There is no privilege under AS 09.25.450 for that...

Sec. 09.25.465. Exception: disclosure required by court. - (a) A court or administrative hearing officer with jurisdiction may...

Sec. 09.25.475. Voluntary disclosure; immunity. - (a) Except as provided by this section, an owner or...

Sec. 09.25.480. Exceptions to immunity; mitigation. - (a) There is no immunity under AS 09.25.475 if a...

Sec. 09.25.485. Relationship to other recognized privileges. - AS 09.25.450 - 09.25.490 do not limit, waive, or abrogate...

Sec. 09.25.490. Definitions. - (a) In AS 09.25.450 - 09.25.490, (1) “audit report” means...

Chapter 30. Judgments

Article 1. Judgments.

Sec. 09.30.010. Recording copy of judgment as lien. - A certified copy of the judgment or decree of a...

Sec. 09.30.020. Priority of lien of judgment. - A conveyance of real property or interest in real property...

Sec. 09.30.030. Judgment where summons not served on all defendants. - When an action is against two or more defendants jointly...

Sec. 09.30.040. Judgments against boroughs and cities. - Where judgment is against a borough, city, or other public...

Sec. 09.30.050. Confession of judgment. - A judgment by confession may be entered with or without...

Sec. 09.30.060. Confession of judgment against jointly liable defendant. - When an action upon a contract is pending against one...

Sec. 09.30.065. Offers of judgment. - (a) At any time more than 10 days before the...

Sec. 09.30.070. Interest on judgments; prejudgment interest. - (a) Notwithstanding AS 45.45.010, the rate of interest on judgments...

Article 2. Uniform Foreign Money-Judgments Recognition Act.

Sec. 09.30.100. Applicability. - AS 09.30.100 - 09.30.180 apply to any foreign judgment that...

Sec. 09.30.110. Recognition and enforcement. - Except as provided in AS 09.30.120, a foreign judgment meeting...

Sec. 09.30.120. Grounds for nonrecognition. - (a) A foreign judgment is not conclusive if (1) the...

Sec. 09.30.130. Personal jurisdiction. - (a) The foreign judgment may not be refused recognition for...

Sec. 09.30.140. Stay in case of appeal. - If the defendant satisfies the court either that an appeal...

Sec. 09.30.150. Saving clause. - AS 09.30.100 - 09.30.180 do not prevent the recognition of...

Sec. 09.30.160. Construction. - AS 09.30.100 - 09.30.180 shall be so construed as to...

Sec. 09.30.170. Definitions. - In AS 09.30.100 - 09.30.180, (1) “foreign judgment” means a...

Sec. 09.30.180. Short title. - AS 09.30.100 - 09.30.180 may be cited as the Uniform...

Article 3. Uniform Enforcement of Foreign Judgments Act.

Sec. 09.30.200. Filing and status of foreign judgments. - A copy of a foreign judgment authenticated in accordance with...

Sec. 09.30.210. Notice of filing. - (a) At the time of the filing of the foreign...

Sec. 09.30.220. Stay. - (a) If the judgment debtor shows the court that an...

Sec. 09.30.230. Fees. - A person filing a foreign judgment shall pay to the...

Sec. 09.30.240. Optional procedure. - The right of a judgment creditor to bring an action...

Sec. 09.30.250. Uniformity of interpretation. - AS 09.30.200 - 09.30.270 shall be so interpreted and construed...

Sec. 09.30.260. Definitions. - In AS 09.30.200 - 09.30.270 “foreign judgment” means any judgment,...

Sec. 09.30.270. Short title. - AS 09.30.200 - 09.30.270 may be cited as the Uniform...

Article 4. Satisfaction of Judgments.

Sec. 09.30.300. Satisfaction of judgment. - (a) Satisfaction of a judgment may be entered upon an...

Sec. 09.30.310. Recordation of acknowledgment of satisfaction. - If a certified copy of the judgment has been recorded...

Chapter 35. Execution

Sec. 09.35.010. Judgments enforceable by execution. - A writ of execution may be issued in favor of...

Sec. 09.35.020. Issuance of execution after five years. - When a period of five years has elapsed after the...

Sec. 09.35.030. Substance of writ. - Writs of execution may be against the property of the...

Sec. 09.35.060. Execution after death of judgment debtor. - If the judgment debtor dies after judgment, execution may be...

Sec. 09.35.070. Property liable. - All goods, chattels, money, or other property, both real and...

Sec. 09.35.100. Execution against property. - The person to whom the writ is directed shall execute...

Sec. 09.35.110. Execution procedure. - All property shall be levied upon or released from levy...

Sec. 09.35.130. Third party claims. - If property levied upon is claimed by a third person...

Sec. 09.35.140. Notice of sale on execution. - (a) Before the sale of property on execution, notice of...

Sec. 09.35.142. Action to establish newspaper or Internet website status. - A person who owns a publication may bring an action...

Sec. 09.35.150. Sale. - All sales of property upon execution shall be made at...

Sec. 09.35.160. Postponement of sale. - (a) If, at the time appointed for the sale, the...

Sec. 09.35.170. Bill of sale for personal property. - When the purchaser of personal property capable of manual delivery...

Sec. 09.35.180. Confirmation of sale or resale. - (a) Where real property executed upon has been sold, the...

Sec. 09.35.190. Eviction of purchaser. - If the purchaser of real property sold on execution, or...

Sec. 09.35.200. Contribution among joint judgment debtors. - When property liable to an execution against several persons is...

Sec. 09.35.210. Absolute sales and right of redemption. - Sales of real property, when the estate is less than...

Sec. 09.35.220. Redemption. - Property sold subject to redemption or any part separately sold...

Sec. 09.35.230. Redemption by lien creditor from purchaser. - A lien creditor may redeem the property at any time...

Sec. 09.35.240. Subsequent redemptions. - The property may be again, and as often as a...

Sec. 09.35.250. Redemption by judgment debtor or successor. - The judgment debtor or a successor in interest may redeem...

Sec. 09.35.260. Conveyance of property. - If no redemption is made within the time prescribed, the...

Sec. 09.35.270. Procedure for redemption. - (a) Redemption is made by paying the sum required to...

Sec. 09.35.280. Priority of redemption. - If more than one person applies to the peace officer...

Sec. 09.35.290. Redemption payment or refusal to permit redemption. - The peace officer shall immediately pay the money over to...

Sec. 09.35.300. Waste. - (a) Until the expiration of the time allowed for redemption,...

Sec. 09.35.310. Rights of purchaser and redemptioner. - The purchaser, from the time of sale until a resale...

Sec. 09.35.320. Arrest of judgment debtor and undertaking. - The court may order a peace officer to arrest the...

Sec. 09.35.330. Satisfaction of judgment when judgment debtor is creditor of state or political subdivision. - Salary, wages, credits, or other personal property in the possession...

Chapter 38. Alaska Exemptions Act

Sec. 09.38.010. Homestead exemption. - (a) An individual is entitled to an exemption as a...

Sec. 09.38.015. Property exempt without limitation. - (a) An individual is entitled to exemption of the following...

Sec. 09.38.017. Exemption of retirement plan interests and payments. - (a) In addition to the exemption under AS 09.38.015(b), the...

Sec. 09.38.020. Exemptions of personal property subject to value limitations. - (a) An individual is entitled to an exemption in property...

Sec. 09.38.025. Exemption of unmatured life insurance and annuity contracts. - (a) Except as provided in this section or AS 09.38.017,...

Sec. 09.38.030. Exemption of earnings and liquid assets. - (a) Except as provided in (b), (c), (f), and (h)...

Sec. 09.38.035. Continuing lien on wages. - (a) In the case of a garnishment of earnings, when...

Sec. 09.38.040. Priorities between continuing liens. - A lien obtained under AS 09.38.035 has priority over any...

Sec. 09.38.045. Effective date of continuing lien. - The effective date of a writ creating a continuing lien...

Sec. 09.38.050. Increased exemption amount. - (a) An individual debtor who is in possession of money...

Sec. 09.38.055. Bankruptcy proceedings. - In a proceeding under 11 U.S.C. (Bankruptcy) only the exemptions...

Sec. 09.38.060. Tracing exempt property. - (a) If property, or a part of it, that could...

Sec. 09.38.065. Claims enforceable against exempt property. - (a) Subject to AS 06.60.360(e), and notwithstanding other provisions of...

Sec. 09.38.070. Limitation on enforcement of certain security interests in exempt goods. - (a) This section applies to a security interest, except a...

Sec. 09.38.075. Special procedures relating to limited value exemptions; burden of proof. - (a) Unless a creditor is seeking collection of a claim...

Sec. 09.38.080. Procedures applicable to a levy on property of an individual. - (a) Except in a proceeding under AS 09.38.065, a creditor...

Sec. 09.38.085. Contents of notice; forms. - (a) The notice required by AS 09.38.075(b) and 09.38.080(c) must...

Sec. 09.38.090. Assertion of rights by another. - If an individual fails to select property entitled to be...

Sec. 09.38.095. Judicial relief. - (a) An individual or the spouse, a dependent of the...

Sec. 09.38.100. Debtor's property owned with another. - (a) If an individual and another own property in this...

Sec. 09.38.105. Waiver of exemption. - A waiver of exemption executed in favor of an unsecured...

Sec. 09.38.110. Federal requirements. - If a federal department or agency issues a formal ruling...

Sec. 09.38.115. Adjustment of dollar amounts. - (a) The dollar amounts in this chapter change, as provided...

Sec. 09.38.120. Protection of property of residents and nonresidents. - (a) Residents of this state are entitled to the exemptions...

Sec. 09.38.500. Definitions. - In this chapter, unless the context otherwise requires, (1) “burial...

Sec. 09.38.510. Short title. - This chapter may be cited as the Alaska Exemptions Act.

Chapter 40. Provisional Remedies

Article 1. Attachment.

Sec. 09.40.010. Actions in which attachment is authorized. - (a) At any time after an action has been commenced...

Sec. 09.40.020. Undertaking. - Before the writ is issued, the plaintiff shall give a...

Sec. 09.40.025. Appointment of person to serve attachment process. - Service of all process relating to attachment may be made...

Sec. 09.40.030. Property subject to attachment. - All property in the state not exempt from execution may...

Sec. 09.40.040. Third party liability. - All persons having in their possession personal property belonging to...

Sec. 09.40.050. Lien on real estate. - If real property is attached, the peace officer shall make...

Sec. 09.40.060. Third party indebted to defendant or possessing property of defendant. - When a peace officer with a writ of attachment applies...

Sec. 09.40.070. Sale of perishable property. - If any of the property attached is perishable, the peace...

Sec. 09.40.080. Liability on undertaking. - In a proceeding brought against the principal or the sureties...

Sec. 09.40.090. Disposition of property after judgment in plaintiff's favor. - When plaintiff recovers judgment, and the property attached in the...

Sec. 09.40.100. Return of property upon judgment for defendant. - If the defendant recovers judgment against the plaintiff and no...

Sec. 09.40.110. Delivery of property to defendant and redelivery bond. - The peace officer may deliver any of the property attached...

Article 2. Civil Arrest.

Sec. 09.40.120. Arrest and bail in civil actions. - The plaintiff in a civil action may have the defendant...

Sec. 09.40.130. Grounds for arrest. - The defendant may be arrested in an action for debt...

Sec. 09.40.140. Order for arrest. - An order for the arrest of the defendant may be...

Sec. 09.40.150. Undertaking by plaintiff. - Before making the order, the judge shall require an undertaking...

Sec. 09.40.160. Time for order for arrest. - The order may be made at the time of the...

Sec. 09.40.170. Discharge on bail or deposit. - The defendant, at any time before execution, shall be discharged...

Sec. 09.40.180. Amount of bail. - The defendant may give bail by causing a written undertaking...

Sec. 09.40.190. Surrender of defendant by bail or in person. - At any time before failure to comply with the undertaking,...

Sec. 09.40.200. Arrest of defendant by or on authority of bail. - For the purpose of surrendering the defendant, the bail, at...

Sec. 09.40.210. Exoneration of bail. - The bail are exonerated by the defendant's death, imprisonment in...

Sec. 09.40.220. Motion to vacate order for arrest or to reduce bail. - A defendant arrested may, at any time before judgment, apply...

Article 3. Injunction.

Sec. 09.40.230. Authorization for injunction. - When it appears that (1) the plaintiff is entitled to...

Sec. 09.40.235. Restraining orders, preliminary injunctions, and stays affecting industrial operations. - (a) Unless exempt under AS 09.68.040(a), a party seeking a...

Article 4. Receivers.

Sec. 09.40.240. Appointment of receivers. - A receiver may be appointed by the court in any...

Sec. 09.40.250. Oath and undertaking of receiver. - Before entering upon any duties, a receiver shall be sworn...

Article 5. Recovery of Personal Property.

Sec. 09.40.260. Claim for delivery of personal property. - In an action to recover possession of personal property, the...

Sec. 09.40.270. Undertaking. - A peace officer may not take personal property into custody...

Sec. 09.40.280. Undertaking for return of property to defendant. - The defendant may, within the time set by the court,...

Sec. 09.40.290. Property concealed in building or enclosure, demand and entry to effect seizure. - If the property or any part of it is concealed...

Sec. 09.40.300. Custody of property seized. - When the peace officer has taken the property into custody,...

Sec. 09.40.310. Third party claims. - If the property taken is claimed by any person other...

Chapter 43. Arbitration

Article 1. Uniform Arbitration Act.

Sec. 09.43.010. Arbitration agreements valid; application of article. - (a) A written agreement to submit an existing controversy to...

Sec. 09.43.020. Proceedings to compel or stay arbitration. - (a) On application of a party showing an agreement described...

Sec. 09.43.030. Appointment of arbitrators by court. - If the arbitration agreement provides a method of appointment of...

Sec. 09.43.040. Majority action by arbitrators. - The powers of the arbitrators may be exercised by a...

Sec. 09.43.050. Hearing. - Unless otherwise provided by the agreement, (1) the arbitrators shall...

Sec. 09.43.060. Representation by attorney. - A party has the right to be represented by an...

Sec. 09.43.070. Witnesses, subpoenas, depositions. - (a) The arbitrators may cause to be issued subpoenas for...

Sec. 09.43.080. Award. - (a) The award shall be in writing and signed by...

Sec. 09.43.090. Modification of award by arbitrators. - On application to the arbitrators by a party or, if...

Sec. 09.43.100. Fees and expenses of arbitration. - Unless otherwise provided in the agreement to arbitrate, the arbitrators'...

Sec. 09.43.110. Confirmation of an award. - Upon application of a party, the court shall confirm an...

Sec. 09.43.120. Vacating an award. - (a) On application of a party, the court shall vacate...

Sec. 09.43.130. Modification or correction of award by court. - (a) On application made within 90 days after delivery of...

Sec. 09.43.140. Judgment or decree on award. - Upon the granting of an order confirming, modifying or correcting...

Sec. 09.43.150. Applications to court. - An application to the court under AS 09.43.010 - 09.43.180...

Sec. 09.43.160. Appeals. - (a) An appeal may be taken from (1) an order...

Sec. 09.43.170. Court, jurisdiction. - In AS 09.43.010 - 09.43.180, the term “court” means the...

Sec. 09.43.180. Short title. - AS 09.43.010 - 09.43.180 may be cited as the Uniform...

Article 2. Arbitration of Small Claims.

Sec. 09.43.190. Arbitration under court rules. - The supreme court may provide by rule for compulsory arbitration...

Sec. 09.43.200. Appointment and compensation of arbitrator. - Arbitration of actions shall be by either a member of...

Sec. 09.43.210. Practice and procedure. - The practice and procedure for conducting arbitration, the powers of...

Sec. 09.43.220. Judgments and appeals. - Unless an appeal is taken from the award to the...

Article 3. Revised Uniform Arbitration Act.

Sec. 09.43.300. Application. - (a) AS 09.43.300 - 09.43.595 govern an agreement to arbitrate...

Sec. 09.43.310. Effect of agreement to arbitrate; nonwaivable provisions. - (a) Except as otherwise provided in (b) and (c) of...

Sec. 09.43.320. Application for judicial relief. - Except as otherwise provided in AS 09.43.550, an application for...

Sec. 09.43.330. Validity of agreement to arbitrate. - (a) An agreement contained in a record to submit to...

Sec. 09.43.340. Application to compel arbitration; stay of related proceedings. - (a) On application of a person showing an agreement to...

Sec. 09.43.350. Provisional remedies. - (a) Before an arbitrator is appointed and is authorized and...

Sec. 09.43.360. Initiation of arbitration. - (a) A person initiates an arbitration proceeding by giving notice...

Sec. 09.43.370. Consolidation of separate arbitration proceedings. - (a) Except as otherwise provided in (c) of this section,...

Sec. 09.43.380. Appointment of arbitrator; service as a neutral arbitrator. - (a) If the parties to an agreement to arbitrate agree...

Sec. 09.43.390. Disclosure by arbitrator. - (a) Before accepting appointment, an individual who is requested to...

Sec. 09.43.400. Action by majority. - If there is more than one arbitrator, the powers of...

Sec. 09.43.410. Immunity of arbitrator; competency to testify; attorney fees and costs. - (a) An arbitrator or an arbitration organization acting in that...

Sec. 09.43.420. Arbitration process. - (a) An arbitrator may conduct an arbitration in the manner...

Sec. 09.43.430. Representation by attorney. - A party to an arbitration proceeding may be represented by...

Sec. 09.43.440. Witnesses; subpoenas; depositions; discovery. - (a) An arbitrator may issue a subpoena for the attendance...

Sec. 09.43.450. Judicial enforcement of preaward ruling by arbitrator. - If an arbitrator makes a preaward ruling in favor of...

Sec. 09.43.460. Award. - (a) An arbitrator shall make a record of an award....

Sec. 09.43.470. Change of award by arbitrator. - (a) On motion to an arbitrator by a party to...

Sec. 09.43.480. Remedies; fees and expenses of arbitration proceeding. - (a) An arbitrator may award punitive damages or other exemplary...

Sec. 09.43.490. Confirmation of award. - After a party to an arbitration proceeding receives notice of...

Sec. 09.43.500. Vacating award. - (a) On application to the court by a party to...

Sec. 09.43.510. Modification or correction of award. - (a) On application made within 90 days after the applicant...

Sec. 09.43.520. Judgment on award. - On granting an order confirming, vacating without directing a rehearing,...

Sec. 09.43.530. Jurisdiction. - (a) A court of this state having jurisdiction over the...

Sec. 09.43.540. Venue. - An application to the court under AS 09.43.320 shall be...

Sec. 09.43.550. Appeals. - (a) An appeal may be taken from (1) an order...

Sec. 09.43.560. Uniformity of application and construction. - In applying and construing AS 09.43.300 - 09.43.595, consideration shall...

Sec. 09.43.570. Relationship to Electronic Signatures in Global and National Commerce Act. - The provisions of AS 09.43.300 - 09.43.595 governing the legal...

Sec. 09.43.580. Notice. - (a) Except as otherwise provided in AS 09.43.300 - 09.43.595,...

Sec. 09.43.590. Definitions. - In AS 09.43.300 - 09.43.595, (1) “arbitration organization” means an...

Sec. 09.43.595. Short title. - AS 09.43.300 - 09.43.595 may be cited as the Revised...

Chapter 45. Actions Relating to Real Property

Article 1. Quiet Title, Land Boundaries, and Adverse Possession.

Sec. 09.45.010. Action to quiet title. - A person in possession of real property, or a tenant...

Sec. 09.45.015. Land adjoining highway reservation. - (a) A conveyance of land after April 7, 1958, that,...

Sec. 09.45.020. Action to establish boundaries. - When a dispute exists between two or more owners of...

Sec. 09.45.030. Appointment of referees to establish and mark boundaries. - In an action to establish boundaries, the court shall appoint...

Sec. 09.45.040. Oaths and report of referees. - Before entering upon the discharge of their duties, the referees...

Sec. 09.45.050. Court action on the referees' report. - The report may be confirmed unless a party excepts to...

Sec. 09.45.052. Adverse possession. - (a) The uninterrupted adverse notorious possession of real property under...

Article 2. Forcible Entry and Detainer.

Sec. 09.45.060. Prohibition of use of force for entry on realty. - A person may not enter upon any land, tenement, or...

Sec. 09.45.070. Action for forcible entry or detention. - (a) When a forcible entry is made upon a premises,...

Sec. 09.45.090. Unlawful holding by force. - (a) For property to which the provisions of AS 34.03...

Sec. 09.45.100. Notice to quit. - (a) Except where service of written notice is made under...

Sec. 09.45.105. Content of notice to quit. - Notice to quit served upon the tenant or person in...

Sec. 09.45.110. Time when action to recover possession may be brought. - An action for the recovery of the possession of the...

Sec. 09.45.120. Summons and continuance. - Summons in actions for forcible entry and detainer shall be...

Sec. 09.45.130. Action against persons paying rent in advance. - The service of a notice to quit upon a tenant...

Sec. 09.45.135. Action against tenant occupying premises abated as nuisance. - In an action under AS 09.45.060 - 09.45.160 against a...

Sec. 09.45.140. Agricultural tenant. - When the leasing or occupation is for the purpose of...

Sec. 09.45.150. Inquiry into merits of title. - In an action to recover the possession on the land,...

Sec. 09.45.158. Action by nonprofit housing corporation. - A nonprofit housing corporation may designate an officer or employee...

Sec. 09.45.160. Actions for possession of realty. - In an action to recover the possession of real property...

Article 3. Actions Relating to Nonconsensual Common Law Liens.

Sec. 09.45.161. Lien against public servant. - If a nonconsensual common law lien is recorded or filed...

Sec. 09.45.164. Request for release of nonconsensual common law lien. - (a) A person whose real or personal property is subject...

Sec. 09.45.167. Liability of nonconsensual common law lien claimant or grantee. - (a) A person who offers a claim of nonconsensual common...

Sec. 09.45.169. Definitions. - In AS 09.45.161 - 09.45.169, (1) “filed” means the acceptance...

Article 4. Foreclosure of Liens.

Sec. 09.45.170. Judgment on foreclosure of lien. - A person having a lien upon real property, other than...

Sec. 09.45.180. Sale of encumbered property. - The sale of the encumbered property shall be conducted in...

Sec. 09.45.190. Redemption after foreclosure of lien. - Property sold upon a judgment of foreclosure may be redeemed...

Sec. 09.45.200. Effect of action to recover debt. - During or after the pendency of an action for the...

Sec. 09.45.210. Proceedings when debt secured is not all due. - When an action is commenced to foreclose a lien by...

Sec. 09.45.220. Effect of payment before judgment or sale. - If, before a judgment is given, the amount then due,...

Article 5. Nuisances.

Sec. 09.45.230. Action based on private nuisance. - (a) A person may bring a civil action to enjoin...

Sec. 09.45.235. Agricultural operations as private nuisances. - (a) An agricultural facility or an agricultural operation at an...

Sec. 09.45.240. Manner of abatement. - If judgment is in favor of the plaintiff, an order...

Sec. 09.45.250. Order staying issue of warrant. - At any time before the order is made, the defendant...

Sec. 09.45.255. Definition of nuisance. - In AS 09.45.230 - 09.45.255, “nuisance” means a substantial and...

Article 6. Partition.

Sec. 09.45.260. Right of action for partition or sale. - When several persons own real property as tenants in common,...

Sec. 09.45.270. Lien on undivided interest. - Where a lien is on an undivided interest or estate...

Sec. 09.45.280. Determination of rights of parties. - The rights of the several parties may be determined in...

Sec. 09.45.290. Order for partition or sale. - If it appears that the property or a part of...

Sec. 09.45.300. Report of referees. - In making the partition the referees shall divide the property...

Sec. 09.45.310. Effect of judgment. - Upon hearing and confirmation of the report, the court shall...

Sec. 09.45.320. Tenant not affected by judgment. - The judgment and partition may not affect tenants for years...

Sec. 09.45.330. Order of sale. - If it appears by evidence to the satisfaction of the...

Sec. 09.45.340. Estate of life or years. - When a part of the property only is ordered to...

Sec. 09.45.350. Reference to determine liens. - If it appears that there are outstanding liens upon the...

Sec. 09.45.360. Appearance of lienholders before referee. - Persons having outstanding liens shall be notified to appear before...

Sec. 09.45.370. Effect of confirmation of report. - If the report of the referee is confirmed by the...

Sec. 09.45.380. Application of proceeds from sale of encumbered property. - The proceeds of the sale of the encumbered property shall...

Sec. 09.45.390. Lienholder having other securities. - When a party to an action or a person who...

Sec. 09.45.400. Distribution of proceeds of sale. - The proceeds of sale and the securities taken by the...

Sec. 09.45.410. Continuation of action to determine claims to proceeds. - When the proceeds of the sale of a share or...

Sec. 09.45.420. Sale procedure. - All sales of real property made by the referee shall...

Sec. 09.45.430. Credit terms. - In the order of sale, the court shall direct the...

Sec. 09.45.440. Credit security. - Separate mortgages and other securities may be taken for the...

Sec. 09.45.450. Disposal of estate for life or years. - When the estate of a tenant for life or years...

Sec. 09.45.460. Compensation for sale of estate for life or years. - A person entitled to an estate for life or years...

Sec. 09.45.470. Determination of value of estate for life or years sold without consent. - If the consent is not given under AS 09.45.460, before...

Sec. 09.45.480. Rules for determining value. - (a) The proportion of the proceeds of the sale to...

Sec. 09.45.490. Protection of unknown tenants. - If the persons entitled to the estate for life or...

Sec. 09.45.500. Vested or contingent future rights or estate. - In cases of sales in partition, when it appears that...

Sec. 09.45.510. Separate sales of farms or lots. - The terms of sales of property shall be known at...

Sec. 09.45.530. Report of sale. - After the sale of property ordered to be sold, a...

Sec. 09.45.540. Confirmation or vacation of sale. - (a) After the filing of the report, a party entitled...

Sec. 09.45.550. Investment of proceeds belonging to unknown or nonresident owner. - When there are proceeds of a sale belonging to an...

Sec. 09.45.560. Security taken and investments made in name of court clerk. - When the security for the proceeds of sale is taken...

Sec. 09.45.570. Security taken in names of parties when interests ascertained. - When security is taken on a sale and the parties...

Sec. 09.45.580. Duties of clerk in securities and investments. - The clerk in whose name a security is taken or...

Sec. 09.45.590. Compensation for unequal partition. - When it appears that partition cannot be made equal between...

Sec. 09.45.600. Payment to guardian of share of infant. - When the share of an infant is sold, the proceeds...

Sec. 09.45.610. Payment to guardian of share of insane or incompetent person. - The guardian who may be entitled to the custody and...

Sec. 09.45.620. Apportionment of cost of partition. - The costs of partition, including fees or referees and other...

Article 7. Recovery of Possession.

Sec. 09.45.630. Actions for recovery of real property. - A person who has a legal estate in real property...

Sec. 09.45.640. Damages for withholding property and value of improvements as setoff. - When property is recovered from a defendant who, in good...

Sec. 09.45.650. Termination of right to recover property during pendency of action. - Where the plaintiff shows a right to recover at the...

Sec. 09.45.660. Order for survey and measurement of property. - The court in which the action is pending may allow...

Sec. 09.45.670. Effect of alienation by person in possession. - An action for the recovery of the possession of real...

Sec. 09.45.680. Mortgage not a conveyance. - A mortgage of real property is not a conveyance that...

Sec. 09.45.690. Failure to pay rent. - Unless otherwise provided in the lease, a landlord has a...

Sec. 09.45.700. Judgment in actions to recover possession. - The judgment in an action to recover the possession of...

Sec. 09.45.710. Possession when new trial granted. - If the judgment is set aside and a new trial...

Article 8. Trespass.

Sec. 09.45.730. Trespass by cutting or injuring trees or shrubs. - A person who without lawful authority cuts down, girdles, or...

Sec. 09.45.735. Trespass related to geotechnical surveys and mining. - A person who trespasses upon the land of another to...

Article 9. Waste.

Sec. 09.45.740. Right of action for waste. - If a guardian, tenant for life or years, or tenant...

Article 10. Earthslide Relief Act.

Sec. 09.45.800. Prerequisite earthslide changing land boundaries. - If the boundaries of land, owned either by public or...

Sec. 09.45.805. Parties. - (a) An action authorized by AS 09.45.800 - 09.45.880 may...

Sec. 09.45.810. Separate actions as to separate slide areas. - An entity that is a permissible plaintiff under AS 09.45.805,...

Sec. 09.45.815. Complaint. - The complaint must substantially include (1) a statement of the...

Sec. 09.45.820. Publication and posting of notice. - The notice required by Rule 4(e)(4), Alaska Rules of Civil...

Sec. 09.45.825. Procedure applicable. - Except as otherwise provided in AS 09.45.800 - 09.45.880, the...

Sec. 09.45.830. Jurisdiction. - Upon the completion of the service, publication and posting of...

Sec. 09.45.835. Answer. - (a) An answer to the complaint must be served within...

Sec. 09.45.840. Lis pendens. - A party to an action authorized by AS 09.45.800 -...

Sec. 09.45.845. Vacating of streets in whole or in part. - The vacating of streets in whole or in part by...

Sec. 09.45.850. Proof of facts. - In an action of the type authorized in AS 09.45.800...

Sec. 09.45.855. Scope of judgment. - The judgment shall (1) determine the land boundaries of each...

Sec. 09.45.860. Standards for judgment. - In reaching the conclusions called for by AS 09.45.855 the...

Sec. 09.45.865. Effect of judgment. - The judgment shall be conclusive with respect to land boundaries...

Sec. 09.45.870. Recording of judgment. - A certified copy of the judgment shall be recorded, at...

Sec. 09.45.875. Cumulative remedies. - The remedies provided for by AS 09.45.800 - 09.45.880 are...

Sec. 09.45.880. Short title. - AS 09.45.800 - 09.45.880 may be cited as the Earthslide...

Article 11. Action for Dwelling Design, Construction, or Remodeling Claims.

Sec. 09.45.881. Notice of claim. - (a) In an action brought on a claim against a...

Sec. 09.45.882. Written response to notice of claim. - (a) Within 21 days after service of the notice under...

Sec. 09.45.883. Court action allowed if claim disputed or not responded to. - If the construction professional disputes the claim in the notice...

Sec. 09.45.884. Consequence of rejecting inspection or settlement offer. - (a) If the claimant rejects the inspection offer under AS...

Sec. 09.45.885. Consequence of accepting inspection offer. - If a claimant elects to allow the construction professional to...

Sec. 09.45.886. Procedure after inspection. - Within 14 days after completion of an inspection made under...

Sec. 09.45.887. Court action allowed after failure to repair or to settle. - If the construction professional does not respond within the time...

Sec. 09.45.888. Court action allowed if claimant rejects offer. - (a) If the claimant rejects an offer made by the...

Sec. 09.45.889. Unreasonable rejection of offer. - (a) If a claimant unreasonably rejects an offer made under...

Sec. 09.45.890. Acceptance of offer. - (a) To accept an offer of a construction professional to...

Sec. 09.45.891. Presumption of mitigation. - If a claimant fails to allow a construction professional to...

Sec. 09.45.892. Noncompliance assertion prohibited. - Unless there is good cause for the failure, a construction...

Sec. 09.45.893. Notice required in contract. - (a) In order to take advantage of any rights of...

Sec. 09.45.894. Additional construction defects; additional notice of claim required. - A court action for a defect that is discovered after...

Sec. 09.45.895. Limitation on damages; collateral sources. - (a) Except as provided in (c) of this section, in...

Sec. 09.45.896. Exemption. - AS 09.45.881 - 09.45.899 do not apply to claims for...

Sec. 09.45.899. Definitions. - In AS 09.45.881 - 09.45.899, (1) “action” means a civil...

Article 12. Miscellaneous Provisions.

Sec. 09.45.900. Joining unknown heirs as defendants in real property suits. - When the heirs of a deceased person are proper parties...

Sec. 09.45.910. Service on unknown heirs by publication. - Upon presenting an affidavit to the court or judge showing...

Sec. 09.45.920. Unknown claimants in real property suits. - In any action brought to determine an adverse claim, estate,...

Sec. 09.45.930. Rights of unknown heirs and parties served by publication. - All the unknown heirs of deceased persons and all the...

Sec. 09.45.940. Lis pendens. - In an action affecting the title to or the right...

Article 13. General Provisions.

Sec. 09.45.990. Definitions. - In this chapter, (1) “manufactured home” has the meaning given...

Chapter 50. Actions Where State a Party

Article 1. Contempt.

Sec. 09.50.010. Acts or omissions constituting contempt. - The following acts or omissions with respect to a court...

Sec. 09.50.020. Penalties; damages; license revocation. - (a) A person who commits a criminal contempt is guilty...

Sec. 09.50.030. Jury trial. - A person who is charged with contempt of court not...

Sec. 09.50.040. Indemnification of party aggrieved. - If a loss or injury to a party in an...

Sec. 09.50.050. Imprisonment to compel performance of an act. - When the contempt consists of the omission or refusal to...

Sec. 09.50.060. Prosecution on nonappearance. - If the defendant does not appear on the day ordered...

Article 2. Abatement of Illegal Uses of Premises.

Sec. 09.50.170. Abatement of places used for certain acts. - (a) A person who erects, establishes, continues, maintains, uses, owns,...

Sec. 09.50.175. Admissibility of evidence to prove nuisance. - In an action brought under AS 09.50.170(a) to prove the...

Sec. 09.50.180. Injunction. - When there is reason to believe that a nuisance as...

Sec. 09.50.190. Dismissal. - If the complaint is filed by a citizen, the action...

Sec. 09.50.200. Contempt proceeding. - If an injunction granted under the provisions of AS 09.50.170...

Sec. 09.50.210. Order of abatement. - (a) If the court finds and enters judgment that a...

Sec. 09.50.220. Proceeds of sale. - (a) The proceeds of the sale of the contents shall...

Sec. 09.50.230. Release of premises to owner. - (a) The court may order premises abated under AS 09.50.210...

Sec. 09.50.240. Fine for contempt as lien on premises. - A fine imposed as punishment for contempt against the owner...

Article 3. Claims Against the State or State Employees.

Sec. 09.50.250. Actionable claims against the state. - A person or corporation having a contract, quasi-contract, or tort...

Sec. 09.50.253. Actionable claims against state employees. - (a) Except as provided in (f) of this section, the...

Sec. 09.50.270. Payment of judgment against the state. - An attachment or execution may not issue against the state....

Sec. 09.50.280. Judgment for plaintiff; punitive damages. - If judgment is rendered for the plaintiff, it shall be...

Sec. 09.50.300. Compromise by attorney general. - Except as provided in AS 09.50.253, the attorney general may,...

Article 4. Usurpation.

Sec. 09.50.310. Action for usurpation of office or franchise. - An action may be brought by the attorney general upon...

Sec. 09.50.320. Action on information or application of private party. - When the action is brought upon the information or application...

Sec. 09.50.330. Determination of rights of defendant and claimant. - When the action is brought and the claim is made...

Sec. 09.50.340. Judgment for claimant. - If judgment is for the person claiming the franchise or...

Sec. 09.50.350. Recovery of damages by claimant; civil arrest. - If judgment is for the person claiming the franchise or...

Sec. 09.50.360. Multiple claimants. - When several persons claim to be entitled to the same...

Sec. 09.50.370. Judgment against defendant. - If a defendant is adjudged guilty of usurping or intruding...

Sec. 09.50.380. Enforcement of judgment for costs. - A judgment given in an action provided for in AS...

Article 6. Pleadings.

Sec. 09.50.390. Nature of state interest. - A complaint or pleading naming the State of Alaska as...

Chapter 55. Special Actions and Proceedings

Article 1. Change of Name.

Sec. 09.55.010. Jurisdiction in action for change of name; notice. - (a) A person may bring an action for change of...

Article 2. Declaration of Death.

Sec. 09.55.020. Petition and inquiry. - If a petition is presented by an interested person to...

Sec. 09.55.030. Verdict and entry of order. - If the jury by their unanimous verdict in writing find...

Sec. 09.55.040. Compensation and expenses allowed. - The members of the jury and witnesses are entitled to...

Sec. 09.55.050. Effect of presumptive death certificate. - After the judge or magistrate has entered an order declaring...

Sec. 09.55.060. Correction or removal of presumptive certificates. - The Bureau of Vital Statistics shall make provisions for the...

Article 3. Death Inquests.

Sec. 09.55.062. Death inquests. - Upon petition by the state medical examiner or a state...

Sec. 09.55.064. Jurors for inquest. - (a) When a death inquest is to be held under...

Sec. 09.55.066. Subpoena and examination of witnesses. - The judicial officer or a prosecuting attorney may, when necessary...

Sec. 09.55.068. Verdict of inquest jury. - After hearing the testimony, the jury or two thirds of...

Sec. 09.55.069. Compensation and expenses allowed. - The members of the jury and witnesses in an inquest...

Article 4. Eminent Domain.

Sec. 09.55.240. Uses for which authorized; rights-of-way. - (a) Except as provided in (d) and (e) of this...

Sec. 09.55.250. Classification of estates and land subject to be taken. - The following is a classification of the estates and rights...

Sec. 09.55.260. Private property subject to be taken. - The private property that may be taken under AS 09.55.240...

Sec. 09.55.265. Taking of property under reservation void. - After April 14, 1966, no agency of the state may...

Sec. 09.55.266. Existing rights not affected. - AS 09.55.265 may not be construed to divest the state...

Sec. 09.55.270. Prerequisites. - Before property can be taken, it shall appear that (1)...

Sec. 09.55.275. Replat approval. - An agency of the state or municipality acquiring property in...

Sec. 09.55.280. Entry upon land. - In all cases where land is required for public use,...

Sec. 09.55.290. Jurisdiction. - Eminent domain proceedings may be commenced in the superior court.

Sec. 09.55.300. Powers of court. - (a) The court has power (1) to regulate and determine...

Sec. 09.55.310. Hearing. - (a) The jury or master shall hear the allegations and...

Sec. 09.55.320. Right to jury trial as to damages and value of property. - An interested party may appeal the master's award of damages...

Sec. 09.55.330. Compensation and damages. - For the purpose of assessing compensation and damages, the right...

Sec. 09.55.340. Defective title. - If the title attempted to be acquired is found to...

Sec. 09.55.350. Time for paying compensation or damages and bond to build railroad fences and cattle guards. - The plaintiff shall, within 30 days after final judgment, pay...

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Alaska Statutes Title 9. Code of Civil Procedure

Alaska Statutes
Title 9. Code of Civil Procedure