Title 09 — Code of Civil Procedure
23 chapters · 647 sections in this title.
AS 09.40.010 Actions in which attachment is authorized.
0.8K chars
(a) At any time after an action has been commenced the plaintiff may make application to the court to have the property of the defendant attached as security for the satisfaction of a judgment that may be recovered in the following cases: (1) in an action upon an express or impli…
AS 09.40.020 Undertaking.
0.8K chars
Before the writ is issued, the plaintiff shall give a written undertaking with sufficient sureties to the effect that, if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages that the defendant may sustain by reaso…
AS 09.40.025 Appointment of person to serve attachment process.
0.1K chars
Service of all process relating to attachment may be made by a person specially appointed by the court for that purpose.
AS 09.40.030 Property subject to attachment.
0.1K chars
All property in the state not exempt from execution may be attached.
AS 09.40.040 Third party liability.
0.6K chars
All persons having in their possession personal property belonging to the defendant or owing a debt to the defendant at the time of service upon them of the writ and notice shall deliver, transfer, or pay the property or debts to the peace officer, or be liable to the plaintiff f…
AS 09.40.050 Lien on real estate.
1.0K chars
If real property is attached, the peace officer shall make a certificate containing the title of the cause, the names of the parties, a description of the property attached, the date of attachment, a statement that a writ of attachment has been issued, and the date of issuance, a…
AS 09.40.060 Third party indebted to defendant or possessing property of defendant.
0.6K chars
When a peace officer with a writ of attachment applies to a person for the purpose of attaching property mentioned in the attachment, the person shall within a reasonable time and in any event within 24 hours furnish the peace officer with a statement designating the amount and d…
AS 09.40.070 Sale of perishable property.
0.4K chars
If any of the property attached is perishable, the peace officer shall sell the property in the manner in which property is sold on execution. The proceeds and other property attached shall be retained by the officer to answer a judgment that may be recovered in the action unless…
AS 09.40.080 Liability on undertaking.
0.3K chars
In a proceeding brought against the principal or the sureties upon an undertaking given to secure the release of attached property, it is a defense that the property for which the undertaking was given did not, at the execution of the writ of attachment, belong to the defendant a…
AS 09.40.090 Disposition of property after judgment in plaintiff's favor.
0.6K chars
When plaintiff recovers judgment, and the property attached in the suit was not sold as perishable property or discharged from the attachment, the court shall order the property to be sold to satisfy the plaintiff's demands. If execution is issued upon the judgment, the peace off…
AS 09.40.100 Return of property upon judgment for defendant.
0.3K chars
If the defendant recovers judgment against the plaintiff and no appeal is taken, all the property attached, the proceeds from property attached, and the undertaking received in the action shall be delivered to the defendant upon service upon the peace officer of a certified copy …
AS 09.40.110 Delivery of property to defendant and redelivery bond.
0.4K chars
Article 2. Civil Arrest. The peace officer may deliver any of the property attached to the defendant, or to a person claiming it, upon the giving of a written undertaking for the property executed by one or more sufficient sureties, engaging to redeliver it or pay the value of th…
AS 09.40.120 Arrest and bail in civil actions.
0.2K chars
The plaintiff in a civil action may have the defendant arrested and held to bail in the manner provided in AS 09.40.120 — 09.40.220. The writ of ne exeat is abolished.
AS 09.40.130 Grounds for arrest.
0.2K chars
The defendant may be arrested in an action for debt when the defendant is about to remove from the state with intent to defraud creditors or is absconding.
AS 09.40.140 Order for arrest.
0.2K chars
An order for the arrest of the defendant may be obtained only from a judge of the court in which the action is brought. The order shall be made immediately whenever it appears to the judge that a sufficient claim and proper grounds exist.
AS 09.40.150 Undertaking by plaintiff.
0.5K chars
Before making the order, the judge shall require an undertaking on the part of the plaintiff, with one or more sufficient sureties, to the effect that the plaintiff will pay all costs that may be adjudged to the defendant, and all damages that the defendant may sustain by reason …
AS 09.40.160 Time for order for arrest.
0.2K chars
The order may be made at the time of the issuing of the summons or afterwards but before the judgment. It shall require a peace officer to immediately arrest the defendant and to hold the defendant to bail in the amount specified.
AS 09.40.170 Discharge on bail or deposit.
0.2K chars
The defendant, at any time before execution, shall be discharged from the arrest either upon giving bail or upon depositing the amount mentioned in the order for arrest.
AS 09.40.180 Amount of bail.
0.5K chars
The defendant may give bail by causing a written undertaking to be executed by one or more sufficient sureties to the effect that they are bound in the amount mentioned in the order for arrest, that the defendant will be amenable to the process of the court during the pendency of…
AS 09.40.190 Surrender of defendant by bail or in person.
0.2K chars
At any time before failure to comply with the undertaking, the bail may surrender the defendant in their exoneration, or the defendant may surrender to a peace officer of the court where the action is pending.
AS 09.40.200 Arrest of defendant by or on authority of bail.
0.7K chars
For the purpose of surrendering the defendant, the bail, at any time and place before they are finally charged, may personally arrest the defendant, or, by a written authority endorsed on a certified copy of the undertaking, may empower a peace officer to do so. Upon the arrest o…
AS 09.40.210 Exoneration of bail.
0.2K chars
The bail are exonerated by the defendant's death, imprisonment in a penitentiary, or legal discharge from the obligation to be amenable to the process.
AS 09.40.220 Motion to vacate order for arrest or to reduce bail.
0.4K chars
Article 3. Injunction. A defendant arrested may, at any time before judgment, apply on a motion to the court or a judge of the court in which the action is pending to vacate the order for arrest or to reduce the amount of bail. If upon the hearing of the motion it appears that th…
AS 09.40.230 Authorization for injunction.
0.7K chars
When it appears that (1) the plaintiff is entitled to the relief demanded, and the relief or any part of it includes restraining the commission or continuance of some act, the commission or continuance of which during the litigation would produce injury to the plaintiff; or (2) t…
AS 09.40.235 Restraining orders, preliminary injunctions, and stays affecting industrial operations.
1.7K chars
Article 4. Receivers. (a) Unless exempt under AS 09.68.040(a), a party seeking a restraining order, preliminary injunction, or order staying the operation of a permit that affects an industrial operation shall give security, in an amount the court considers proper, for costs that…
AS 09.40.240 Appointment of receivers.
1.0K chars
A receiver may be appointed by the court in any action or proceeding except an action for the recovery of specific personal property (1) provisionally, before judgment, on the application of either party, when the party's right to the property that is the subject of the action or…
AS 09.40.250 Oath and undertaking of receiver.
0.4K chars
Article 5. Recovery of Personal Property. Before entering upon any duties, a receiver shall be sworn to perform them faithfully, and shall file with the clerk of court an undertaking with one or more sufficient sureties in the sum the court may direct to the effect that the recei…
AS 09.40.260 Claim for delivery of personal property.
0.2K chars
In an action to recover possession of personal property, the plaintiff may, at any time after the action is commenced and before judgment, claim the immediate delivery of the property.
AS 09.40.270 Undertaking.
0.4K chars
A peace officer may not take personal property into custody until the plaintiff delivers to the peace officer the affidavit and undertaking of sufficient sureties to the effect that they are bound in double the value of the property for the prosecution of the action and the retur…
AS 09.40.280 Undertaking for return of property to defendant.
0.5K chars
The defendant may, within the time set by the court, require the return of the property upon delivering to the peace officer having custody of the property a written undertaking approved by the clerk of the court and executed by sufficient sureties to the effect that they are bou…
AS 09.40.290 Property concealed in building or enclosure, demand and entry to effect seizure.
0.3K chars
If the property or any part of it is concealed in a building or enclosure, the peace officer shall publicly demand its delivery. If it is not delivered, the peace officer shall cause the building or enclosure to be broken open and take the property into possession.
AS 09.40.300 Custody of property seized.
0.3K chars
When the peace officer has taken the property into custody, the peace officer is responsible for it and shall keep it in a secure place and deliver it to the party entitled to it upon receiving the lawful fees for taking and the necessary expenses for keeping it.
AS 09.40.310 Third party claims.
0.6K chars
If the property taken is claimed by any person other than the defendant, and that person makes an affidavit of title to the property or the right to the possession of it, stating the grounds of the title or right, and serves it upon the peace officer taking the property while the…