Title 09 — Code of Civil Procedure
23 chapters · 647 sections in this title.
AS 09.50.010 Acts or omissions constituting contempt.
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The following acts or omissions with respect to a court of justice or court proceedings are contempts of the authority of the court: (1) disorderly, contemptuous, or insolent behavior toward the judge while holding the court, tending to impair its authority or to interrupt the co…
AS 09.50.020 Penalties; damages; license revocation.
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(a) A person who commits a criminal contempt is guilty of a class A misdemeanor. A person who commits a civil contempt is subject to damages, a civil penalty of $5,000 or less for each violation, and other orders as the court finds appropriate. (b) In addition to the penalty spec…
AS 09.50.030 Jury trial.
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A person who is charged with contempt of court not committed in the presence of the court, where the act or thing so charged as a contempt is of such nature as to constitute also a criminal offense under a statute of the United States or a law of this state, has a right to jury t…
AS 09.50.040 Indemnification of party aggrieved.
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If a loss or injury to a party in an action or proceeding has been caused by the contempt, the court, in addition to the punishment imposed for the contempt, may give judgment in favor of the party aggrieved and against the person guilty of contempt for a sum of money sufficient …
AS 09.50.050 Imprisonment to compel performance of an act.
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When the contempt consists of the omission or refusal to perform an act which is yet in the power of the defendant to perform, the defendant may be imprisoned until the defendant has performed it.
AS 09.50.060 Prosecution on nonappearance.
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If the defendant does not appear on the day ordered by the court, the court may order the undertaking to be prosecuted. If the undertaking is prosecuted, the measure of damages is the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for wh…
AS 09.50.070 Secs. 09.50.070 , 09.50.080. Property subject to escheat; enforcement of rights by state. [Repealed, § 14 ch 133 SLA 1986.]
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[Repealed or reserved.]
AS 09.50.090 Transmittal of personal property to state. [Repealed, § 5 ch 78 SLA 1972.]
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[Repealed or reserved.]
AS 09.50.100 Secs. 09.50.100 — 09.50.160. Escheat actions, claims, and reports. [Repealed, § 14 ch 133 SLA 1986.]
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Article 2. Abatement of Illegal Uses of Premises.
AS 09.50.170 Abatement of places used for certain acts.
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(a) A person who erects, establishes, continues, maintains, uses, owns, or leases a building, structure, or other place used for one of the following activities is guilty of maintaining a nuisance, and the building, structure, or place, or the ground itself in or upon which or in…
AS 09.50.175 Admissibility of evidence to prove nuisance.
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In an action brought under AS 09.50.170(a) to prove the existence of a nuisance, the court may consider (1) evidence of reputation within a community; (2) evidence derived from records of the courts of the state or of the United States that relate to previous complaints concernin…
AS 09.50.180 Injunction.
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When there is reason to believe that a nuisance as defined in AS 09.50.170 — 09.50.240 exists, the attorney general shall, or a citizen, or a home rule municipality if the nuisance is located in the home rule municipality, may, bring an action to perpetually enjoin the nuisance, …
AS 09.50.190 Dismissal.
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If the complaint is filed by a citizen, the action may be dismissed only upon approval of the attorney general and affidavit of the complainant and the complainant's attorney giving the reasons why the suit should be dismissed. The court may refuse to dismiss the suit and may dir…
AS 09.50.200 Contempt proceeding.
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If an injunction granted under the provisions of AS 09.50.170 — 09.50.240 is violated, the court may summarily try and punish the offender. A party found guilty of contempt under the provisions of AS 09.50.170 — 09.50.240 is punishable by a fine of not more than $1,000, or by imp…
AS 09.50.210 Order of abatement.
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(a) If the court finds and enters judgment that a nuisance exists, the court shall enter an order of abatement. The order of abatement must direct (1) termination of the lease or rental agreement, if any, on the premises subject to the order of abatement, if the tenant who occupi…
AS 09.50.220 Proceeds of sale.
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(a) The proceeds of the sale of the contents shall be applied as follows: (1) to the payment of fees and costs of the removal and sale; (2) to payment of the allowances and costs of closing and keeping closed the buildings or places; (3) to the payment of plaintiff's costs; (4) t…
AS 09.50.230 Release of premises to owner.
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(a) The court may order premises abated under AS 09.50.210 delivered to the owner and cancel the order of abatement if the owner of the premises (1) has not been guilty of a contempt in the proceedings; (2) appears and pays all costs, fees, and allowances that are a lien on the p…
AS 09.50.240 Fine for contempt as lien on premises.
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Article 3. Claims Against the State or State Employees. A fine imposed as punishment for contempt against the owner is a lien upon the premises to the extent of the interest of that person in the premises and is enforceable and collectible by execution issued by the order of the …
AS 09.50.250 Actionable claims against the state.
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A person or corporation having a contract, quasi-contract, or tort claim against the state may bring an action against the state in a state court that has jurisdiction over the claim. A person who may present the claim under AS 44.77 may not bring an action under this section exc…
AS 09.50.253 Actionable claims against state employees.
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(a) Except as provided in (f) of this section, the remedy against the state provided by AS 09.50.250 for injury or loss of property or personal injury or death arising or resulting from an act or omission of a state employee while acting within the scope of the employee's office …
AS 09.50.260 Undertaking. [Repealed, § 2 ch 19 SLA 1975.]
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[Repealed or reserved.]
AS 09.50.270 Payment of judgment against the state.
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An attachment or execution may not issue against the state. When a final judgment is rendered against the state in an action, the clerk of the court shall immediately transmit a certified copy of the judgment to the Department of Administration which shall either approve payment …
AS 09.50.280 Judgment for plaintiff; punitive damages.
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If judgment is rendered for the plaintiff, it shall be for the legal amount found due from the state with interest as provided under AS 09.30.070 and without punitive damages.
AS 09.50.290 Trial by court. [Repealed, § 1 ch 147 SLA 1975.]
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[Repealed or reserved.]
AS 09.50.300 Compromise by attorney general.
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Article 4. Usurpation. Except as provided in AS 09.50.253, the attorney general may, with the approval of the court, arbitrate, compromise, or settle any action filed under AS 09.50.250 — 09.50.300.
AS 09.50.310 Action for usurpation of office or franchise.
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An action may be brought by the attorney general upon the attorney general's own information or upon complaint of a private party against (1) a person who usurps, intrudes into, or unlawfully holds or exercises a public office, civil or military, or a franchise, or an office in a…
AS 09.50.320 Action on information or application of private party.
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When the action is brought upon the information or application of a private party, the attorney general may require that party to enter into an undertaking with sureties to be approved by the attorney general, conditioned on that party's paying a judgment for costs or damages rec…
AS 09.50.330 Determination of rights of defendant and claimant.
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When the action is brought and the claim is made that another person is rightfully entitled to the office, judgment may be given upon the right of the defendant and also upon the right of the person so claimed to be entitled, or only upon the right of the defendant as justice may…
AS 09.50.340 Judgment for claimant.
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If judgment is for the person claiming the franchise or office, that person is entitled to the possession and enjoyment of the franchise, or to assume the execution of the office after qualifying as required by law.
AS 09.50.350 Recovery of damages by claimant; civil arrest.
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If judgment is for the person claiming the franchise or office, that person may recover the damages that may have been sustained by reason of the usurpation of the office by the defendant. In the action, the defendant may be provisionally arrested and held to bail in the manner a…
AS 09.50.360 Multiple claimants.
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When several persons claim to be entitled to the same office or franchise, one action may be brought against all those persons in order to try their respective rights to that office or franchise.
AS 09.50.370 Judgment against defendant.
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If a defendant is adjudged guilty of usurping or intruding into or unlawfully holding or exercising an office or franchise, judgment shall be given that the defendant be excluded from holding or exercising the office or franchise. The court may also, in its discretion, impose a f…
AS 09.50.380 Enforcement of judgment for costs.
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Article 6. Pleadings. A judgment given in an action provided for in AS 09.50.310 — 09.50.380 in respect to costs and disbursements may be enforced by execution as a judgment that requires the payment of money.
AS 09.50.390 Nature of state interest.
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A complaint or pleading naming the State of Alaska as a defendant must set out, with such particularity as reasonably available information will permit, the nature of the interest or lien of the state. In actions or suits involving liens of the state, the complaint or pleading mu…