Title 09 — Code of Civil Procedure
23 chapters · 647 sections in this title.
AS 09.55.010 Jurisdiction in action for change of name; notice.
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Article 2. Declaration of Death. (a) A person may bring an action for change of name in the superior court. A change of name of a person may not be made unless the court finds sufficient reasons for the change and also finds it consistent with the public interest. A change of nam…
AS 09.55.020 Petition and inquiry.
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If a petition is presented by an interested person to a district judge or magistrate alleging that a designated person has disappeared and after diligent search cannot be found, and if it appears to the satisfaction of the judge or magistrate that the circumstances surrounding th…
AS 09.55.030 Verdict and entry of order.
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If the jury by their unanimous verdict in writing find that sufficient evidence has been presented to them from which it fairly may be presumed that the missing person has met death, and if the judge or magistrate approves the finding, then, after a period of six months has elaps…
AS 09.55.040 Compensation and expenses allowed.
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The members of the jury and witnesses are entitled to the same compensation as in civil actions in a district court, and the compensation and other incidental expenses shall be audited and allowed as in the case of other similar expenses.
AS 09.55.050 Effect of presumptive death certificate.
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After the judge or magistrate has entered an order declaring that the person is presumed to be dead either under AS 09.55.020 — 09.55.060 or under the laws dealing with missing persons, the judge or magistrate shall make out and sign a certificate entitled “Presumptive Death Cert…
AS 09.55.060 Correction or removal of presumptive certificates.
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Article 3. Death Inquests. The Bureau of Vital Statistics shall make provisions for the correction, substitution, or removal of the certificates where the body of the person is later found, where additional facts are brought to light, or where the person is later discovered to be…
AS 09.55.062 Death inquests.
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Upon petition by the state medical examiner or a state prosecutor, a judicial officer shall conduct proceedings under AS 09.55.062 — 09.55.069 to determine the cause and manner of a person's death. The prosecutor shall present the evidence in the death inquest and assist the cour…
AS 09.55.064 Jurors for inquest.
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(a) When a death inquest is to be held under AS 09.55.062 — 09.55.069, the judicial officer shall promptly summon six persons qualified by law to serve as jurors to appear before the court. (b) When six jurors attend as required under (a) of this section, they shall be sworn by t…
AS 09.55.066 Subpoena and examination of witnesses.
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The judicial officer or a prosecuting attorney may, when necessary to determine the material facts relating to the death, subpoena and examine witnesses for a proceeding under AS 09.55.062 — 09.55.069.
AS 09.55.068 Verdict of inquest jury.
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After hearing the testimony, the jury or two thirds of its number shall give its written verdict, signed and setting out (1) the name of the deceased and when, where, and by what means the deceased died; and (2) whether the deceased was killed or the death was occasioned by the a…
AS 09.55.069 Compensation and expenses allowed.
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The members of the jury and witnesses in an inquest under AS 09.55.062 — 09.55.069 are entitled to the same compensation as in civil actions in a district court, and the compensation and other incidental expenses shall be audited and allowed as in the case of other similar expens…
AS 09.55.070 Secs. 09.55.070 — 09.55.230. [Renumbered as AS 25.24.010 — 25.24.180.]
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[Repealed or reserved.]
AS 09.55.231 Secs. 09.55.231 — 09.55.237. [Renumbered as AS 25.24.200 — 25.24.260.]
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[Repealed or reserved.]
AS 09.55.238 [Renumbered as AS 25.24.300.]
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Article 4. Eminent Domain.
AS 09.55.240 Uses for which authorized; rights-of-way.
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(a) Except as provided in (d) and (e) of this section, the right of eminent domain may be exercised for the following public uses: (1) all public uses authorized by the government of the United States; (2) public buildings and grounds for the use of the state and all other public…
AS 09.55.250 Classification of estates and land subject to be taken.
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The following is a classification of the estates and rights in land subject to be taken for public use: (1) a fee simple, when taken for public buildings or grounds, or for permanent buildings, for reservoirs and dams and permanent flooding occasioned by them, or for an outlet fo…
AS 09.55.260 Private property subject to be taken.
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The private property that may be taken under AS 09.55.240 — 09.55.460 includes (1) all real property belonging to any person; (2) land belonging to the state or to an organized or unorganized borough, city, town, village, or other municipal division, whether incorporated or uninc…
AS 09.55.265 Taking of property under reservation void.
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After April 14, 1966, no agency of the state may take privately-owned property by the election or exercise of a reservation to the state acquired under the Act of June 30, 1932, ch. 320, § 5, as added July 24, 1947, ch. 313, 61 Stat. 418, and taking of property after April 14, 19…
AS 09.55.266 Existing rights not affected.
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AS 09.55.265 may not be construed to divest the state of, or to require compensation by the state for, any right-of-way or other interest in real property that was taken by the state, before April 14, 1966, by the election or exercise of its right to take property through a reser…
AS 09.55.270 Prerequisites.
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Before property can be taken, it shall appear that (1) the use to which it is to be applied is a use authorized by law; (2) the taking is necessary to the use; (3) if already appropriated to a public use, the public use to which it is to be applied is a more necessary public use.…
AS 09.55.275 Replat approval.
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An agency of the state or municipality acquiring property in fee that results in a boundary change located within a municipality exercising the powers conferred by AS 29.35.180 or 29.35.260(c) shall conform to this section by obtaining preliminary approval of a replat showing cle…
AS 09.55.280 Entry upon land.
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In all cases where land is required for public use, the state, the public entity, or persons having the authority to condemn, or its agents in charge of the use may enter upon the land and make examination, surveys, and maps and locate the boundaries; but it shall be located in t…
AS 09.55.290 Jurisdiction.
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Eminent domain proceedings may be commenced in the superior court.
AS 09.55.300 Powers of court.
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(a) The court has power (1) to regulate and determine the place and manner of making the connections and crossings or of enjoying the common uses mentioned in AS 09.55.260(5), and of the occupying of canyons, passes, and defiles for railroad purposes, as permitted and regulated b…
AS 09.55.310 Hearing.
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(a) The jury or master shall hear the allegations and evidence of persons interested and shall ascertain and assess the following: (1) the value of the property sought to be condemned, and all improvements on it pertaining to the realty, and of each separate estate or interest in…
AS 09.55.320 Right to jury trial as to damages and value of property.
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An interested party may appeal the master's award of damages and valuation of the property, in which case there shall be a trial by jury on the question of the amount of damages and the value of the property, unless the jury is waived by the consent of all parties to the appeal.
AS 09.55.330 Compensation and damages.
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For the purpose of assessing compensation and damages, the right to them accrues at the date of issuance of the summons, and its actual value at that date is the measure of compensation of the property to be actually taken, and the basis of damages to property not actually taken …
AS 09.55.340 Defective title.
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If the title attempted to be acquired is found to be defective from any cause, the plaintiff may again institute proceedings to acquire the same as provided in AS 09.55.240 — 09.55.460.
AS 09.55.350 Time for paying compensation or damages and bond to build railroad fences and cattle guards.
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The plaintiff shall, within 30 days after final judgment, pay the sum of money assessed. If the use is for railroad purposes, the plaintiff may, at the time of or before the payment, elect to build the fences and cattle guards. If the plaintiff so elects, the plaintiff shall exec…
AS 09.55.360 Payment or deposit and execution.
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Payment may be made to the defendants entitled to payment, or the money may be deposited in court for the defendants and be distributed to those entitled to it. If the money is not so paid or deposited, the defendants may have execution as in civil cases. If the money cannot be o…
AS 09.55.370 Final order of condemnation.
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When payments have been made and the bond given, if the plaintiff elects to give one as required by AS 09.55.350, the court shall make a final order of condemnation, which shall describe the property condemned and the purposes of the condemnation. A copy of the order shall be rec…
AS 09.55.380 Order authorizing plaintiff to continue in or take possession.
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Upon application of the plaintiff at any time after the jury's verdict has been returned or the master's report has been filed in the court, the court may make an order that, upon payment into court of the amount of damages assessed in the report or by the jury, the plaintiff, if…
AS 09.55.390 Acquisition of easements and additional powers of the court to require surrender of possession to plaintiff.
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The right to take possession under this section is in addition to any other right to take possession provided in AS 09.55.240 — 09.55.460. In proceedings for the acquisition of easements for the transmission and distribution of electric energy, communications, water, steam, and g…
AS 09.55.400 Deposit into court of estimated compensation and damages; costs and fees.
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The order given under AS 09.55.390 requiring the parties in possession to surrender possession to the plaintiff shall require that the plaintiff deposit with the clerk of the court an amount of money determined by the court fairly to represent the estimated compensation and the e…
AS 09.55.410 Withdrawal of funds by party in interest.
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The money deposited in the court or a part of it may be withdrawn by a party in interest in the manner provided in AS 09.55.440, and the court shall have the power to direct the payment of delinquent taxes and special assessments out of the amount determined to be just compensati…
AS 09.55.420 Declaration of taking by state or municipality.
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(a) Where a proceeding is instituted under AS 09.55.240 — 09.55.460 by the state, it may file a declaration of taking with the complaint or at any time after the filing of the complaint, but before judgment. Where a proceeding is instituted under AS 09.55.240 — 09.55.460 by a mun…
AS 09.55.430 Contents of declaration of taking.
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The declaration of taking must contain (1) a statement of the authority under which the property or an interest in it is taken; (2) a statement of the public use for which the property or an interest in it is taken; (3) a description of the property sufficient for the identificat…
AS 09.55.440 Vesting of title and compensation.
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(a) Upon the filing of the declaration of taking and the deposit with the court of the amount of the estimated compensation stated in the declaration, title to the estate as specified in the declaration vests in the plaintiff, and that property is condemned and taken for the use …
AS 09.55.450 Right of entry and possession.
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(a) Upon the filing of the declaration of taking and the deposit of the estimated compensation, the court may, upon motion, fix the time during which and the terms upon which the parties in possession are required to surrender possession to the petitioner. However, the right of e…
AS 09.55.460 Effect of appeal.
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Article 5. Official Bonds, Fines, and Forfeitures. (a) An appeal or a bond or undertaking given does not operate to prevent or delay the vesting of title to real property or the right to possession of it. (b) The plaintiff may not be divested of a title or possession acquired exc…
AS 09.55.470 Suits on undertakings.
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(a) The official undertaking or other security of a public officer to the state, a borough, city, town, or other municipal or public corporation of like character therein is considered a security to the state or to the borough, city, town, or other municipal or public corporation…
AS 09.55.480 Subsequent actions on same undertaking.
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A judgment in favor of a party for one delinquency does not preclude the same or another party from maintaining another action on the same undertaking or other security for another delinquency.
AS 09.55.490 Amount of judgment.
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In an action upon an official undertaking or other security, if judgment has already been recovered against the surety therein other than by confession equal in the aggregate to the penalty or a part of the penalty of the undertaking or other security and if the recovery be estab…
AS 09.55.500 Actions for fines or forfeitures.
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Fines and forfeitures may be recovered by an action in the name of the state or the officer or person to whom they were given by law, or in the name of the state, officer, or person who is authorized to prosecute for them.
AS 09.55.510 Amount that may be claimed and recovered.
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When an action is commenced for a penalty that by law is not to exceed a certain amount, the action may be commenced for that amount, and, if the judgment is given for the plaintiff, it may be for that amount or less, in the discretion of the court, in proportion to the offense.
AS 09.55.520 Collusive judgment not a bar to another action.
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Article 6. Medical Malpractice Actions. Recovery of a judgment for a penalty or forfeiture obtained by collusion between the plaintiff and defendant with intent to save the defendant wholly or partially from the consequence contemplated by law in cases where penalty or forfeiture…
AS 09.55.530 Declaration of purpose.
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The legislature considers that there is a need in the state to codify the law with regard to medical liability in order to establish that the law in the state in this regard is the same as elsewhere.
AS 09.55.535 Voluntary arbitration.
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(a) A patient and any health care provider may execute an agreement to submit to arbitration any dispute, controversy, or issue arising out of care or treatment by the health care provider during the period that the agreement is in force or that has already arisen between the par…
AS 09.55.536 Expert advisory panel.
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(a) In an action for damages due to personal injury or death based upon the provision of professional services by a health care provider, including a person providing services on behalf of a governmental entity, when the parties have not agreed to arbitration of the claim under A…
AS 09.55.540 Burden of proof.
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(a) In a malpractice action based on the negligence or wilful misconduct of a health care provider, the plaintiff has the burden of proving by a preponderance of the evidence (1) that the plaintiff had a health care provider-patient relationship with the defendant at the time of …