Title 09 — Code of Civil Procedure
23 chapters · 647 sections in this title.
AS 09.25.010 Statute of frauds.
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(a) In the following cases and under the following conditions an agreement, promise, or undertaking is unenforceable unless it or some note or memorandum of it is in writing and subscribed by the party charged or by an agent of that party: (1) an agreement that by its terms is no…
AS 09.25.020 Exceptions to statute of frauds.
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A contract, promise, or agreement that is subject to AS 09.25.010, that does not satisfy the requirements of that section, but that is otherwise valid is enforceable if (1) there has been full performance on one side accepted by the other in accordance with the contract; (2) ther…
AS 09.25.030 Representations as to credit, skill, or character of a third person.
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Evidence is not admissible to charge a person upon a representation as to the credit, skill, or character of a third person unless the representation or some memorandum of it is in writing, and either subscribed by or in the handwriting of the party to be charged.
AS 09.25.040 Rules for construing real estate descriptions.
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The following are the rules for construing the descriptive part of a conveyance of real property when the construction is doubtful and there are no other sufficient circumstances to determine it: (1) where there are certain definite and ascertained particulars in the description,…
AS 09.25.050 [Renumbered as AS 09.45.052.]
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[Repealed or reserved.]
AS 09.25.051 Admissibility of DNA profiles.
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(a) In a civil action or proceeding, evidence of a DNA profile is admissible to prove or disprove any relevant fact if the court finds that the technique underlying the evidence is scientifically valid. The admission of the DNA profile does not require a finding of general accept…
AS 09.25.060 Fraud presumed from retention of possession.
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Every sale or assignment of personal property unless accompanied by the immediate delivery and the actual and continued change of possession of the thing sold or assigned is presumed prima facie to be a fraud against the creditors of the vendor or assignor, and subsequent purchas…
AS 09.25.070 Evidence of publication.
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Evidence of the publication of a document or notice required by law to be published in a newspaper may be given by the affidavit of the printer, foreman, or business manager of the newspaper, annexed to a copy of the document or notice, specifying the times when and the paper in …
AS 09.25.080 Right to receipt upon payment or delivery.
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A person who pays money or delivers an instrument or property is entitled to a receipt for it from the person to whom the payment or delivery is made, and may demand a proper signature to the receipt as a condition of the payment or delivery.
AS 09.25.090 Objections to tender.
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The person to whom a tender is made shall at the time specify any objection the person may have to the money, instrument, or property, or the person waives it. If the objection is to the amount of money, the terms of the instrument, or the amount or kind of property, the person s…
AS 09.25.095 Effect of private seals and scrolls.
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Private seals and scrolls as a substitute for seals are abolished. They are not required to an instrument, but when used their effect remains unchanged.
AS 09.25.100 Secs. 09.25.100 — 09.25.125. [Renumbered as AS 40.25.110 — 40.25.125.]
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[Repealed or reserved.]
AS 09.25.130 [Renumbered as AS 09.25.095.]
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[Repealed or reserved.]
AS 09.25.140 [Renumbered as AS 40.25.140.]
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[Repealed or reserved.]
AS 09.25.150 [Renumbered as AS 09.25.300.]
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[Repealed or reserved.]
AS 09.25.160 [Renumbered as AS 09.25.310.]
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[Repealed or reserved.]
AS 09.25.170 [Renumbered as AS 09.25.320.]
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[Repealed or reserved.]
AS 09.25.180 [Renumbered as AS 09.25.330.]
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[Repealed or reserved.]
AS 09.25.190 [Renumbered as AS 09.25.340.]
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[Repealed or reserved.]
AS 09.25.200 [Renumbered as AS 09.25.350.]
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[Repealed or reserved.]
AS 09.25.210 [Renumbered as AS 09.25.360.]
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[Repealed or reserved.]
AS 09.25.220 [Renumbered as AS 40.25.220.]
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[Repealed or reserved.]
AS 09.25.230 [Renumbered as AS 09.25.400.]
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Article 2. Privilege of Public Officials and Reporters.
AS 09.25.300 Claiming of privilege by public official or reporter.
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Except as provided in AS 09.25.300 — 09.25.390, a public official or reporter may not be compelled to disclose the source of information procured or obtained while acting in the course of duties as a public official or reporter.
AS 09.25.310 Challenge of privilege before superior or supreme court.
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(a) When a public official or reporter claims the privilege in a cause being heard before the supreme court or a superior court of this state, a person who has the right to question the public official or reporter in that proceeding, or the court on its own motion, may challenge …
AS 09.25.320 Challenge of privilege before other bodies.
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(a) This section is applicable to a hearing held under the laws of this state (1) before a court other than the supreme or a superior court; (2) before a court commissioner, referee, or other court appointee; (3) in the course of legislative proceedings or before a commission, ag…
AS 09.25.330 Order subject to review.
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An order of the superior court entered under AS 09.25.300 — 09.25.390 shall be subject to review by the supreme court, by appeal or by certiorari, as the rules of that court may provide. During the pendency of the appeal, the privilege shall remain in full force and effect.
AS 09.25.340 Extent of privilege.
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When a public official or reporter claims the privilege conferred by AS 09.25.300 — 09.25.390 and the public official or reporter has not been divested of the privilege by order of the supreme or superior court, neither the public official or reporter nor the news organization wi…
AS 09.25.350 Application of privilege in other courts.
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AS 09.25.300 — 09.25.390 also apply to proceedings held under the laws of the United States or any other state where the law of this state is being applied.
AS 09.25.360 AS 09.25.300 — 09.25.390 do not abridge other privileges.
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AS 09.25.300 — 09.25.390 may not be construed to abridge any of the privileges recognized under the laws of this state, whether at common law or by statute.
AS 09.25.390 Definitions for AS 09.25.300 — 09.25.390.
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Article 3. Other Privileges. In AS 09.25.300 — 09.25.390, unless the context otherwise requires, (1) “news organization” means (A) an individual, partnership, corporation, or other association regularly engaged in the business of (i) publishing a newspaper or other periodical tha…
AS 09.25.400 Privilege relating to domestic violence and sexual assault counseling.
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Confidential communications between a victim of domestic violence or sexual assault and a victim counselor are privileged under AS 18.66.200 — 18.66.250.
AS 09.25.450 Audit report privilege.
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(a) Except as provided in AS 09.25.460, an owner or operator who prepares an audit report or causes an audit report to be prepared has a privilege to refuse to disclose, and to prevent another person from disclosing, the parts of the report that consist of confidential self-evalu…
AS 09.25.455 Waiver and disclosure.
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(a) The privilege in AS 09.25.450 does not apply to the extent the privilege is expressly waived in writing by the owner or operator who prepared the audit report or caused the report to be prepared. (b) Disclosure of the part of an audit report or information consisting of confi…
AS 09.25.460 Nonprivileged materials.
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(a) There is no privilege under AS 09.25.450 for that part of an audit report that contains the following: (1) a document, communication, datum, report, or other information required by a government agency to be collected, developed, maintained, or reported under an environmental…
AS 09.25.465 Exception: disclosure required by court.
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(a) A court or administrative hearing officer with jurisdiction may require disclosure of confidential self-evaluation and analysis contained in an audit report in a civil or administrative proceeding if the court or administrative hearing officer determines, after an in camera r…
AS 09.25.475 Voluntary disclosure; immunity.
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(a) Except as provided by this section, an owner or operator who makes a voluntary disclosure of a violation of an environmental law, or of circumstances, conditions, or occurrences that constitute or may constitute such a violation, is immune from an administrative or civil pena…
AS 09.25.480 Exceptions to immunity; mitigation.
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(a) There is no immunity under AS 09.25.475 if a court or administrative hearing officer finds that (1) the owner or operator claiming the immunity has (A) intentionally, knowingly, or recklessly committed or authorized the violation; (B) within the 36 months preceding the violat…
AS 09.25.485 Relationship to other recognized privileges.
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AS 09.25.450 — 09.25.490 do not limit, waive, or abrogate the scope or nature of a statutory or common law privilege, including the work product doctrine, the attorney-client privilege, and any other privilege recognized by a court with appropriate authority in this state.
AS 09.25.490 Definitions.
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Article 5. Electronic Signatures. (a) In AS 09.25.450 — 09.25.490, (1) “audit report” means a report that includes each document and communication, other than those set out in AS 09.25.460, produced from an environmental audit; general components that may be contained in a comple…
AS 09.25.500 Secs. 09.25.500 — 09.25.520. Purposes and construction; electronic records and signatures; definitions. [Repealed, § 2 ch 110 SLA 2004. For current provisions, see AS 09.80.]
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[Repealed or reserved.]