Title 09 — Code of Civil Procedure
23 chapters · 647 sections in this title.
AS 09.19.010 Limitation on exemption from filing fees.
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(a) A prisoner may not commence litigation against the state unless the prisoner has paid full filing fees to the court or is a claimant under AS 23.20, except that the court may exempt a prisoner from paying part of those fees if the court finds exceptional circumstances as desc…
AS 09.19.020 Dismissal for material misstatements.
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If a prisoner has filed litigation against the state, the court shall dismiss that litigation if the court finds that the pleadings filed by the prisoner or an application filed by the prisoner to obtain an exemption under AS 09.19.010 contain a material statement made by the pri…
AS 09.19.030 Stay in prisoner disciplinary appeals.
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A superior court that reviews a disciplinary decision of the Department of Corrections as an administrative appeal may not enter an order staying disciplinary sanctions unless the pleadings filed by the prisoner establish by clear and convincing evidence that the prisoner has all…
AS 09.19.040 Injunctions or orders imposing obligations in prisoner cases.
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In litigation against the state brought by a prisoner, a court may not enter an injunction or issue an order or decision that would impose an obligation on the state or its employees that would exceed the obligations imposed by the United States Constitution, the Constitution of …
AS 09.19.050 Discovery in prisoner cases.
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The automatic disclosure provisions of Rule 26, Alaska Rules of Civil Procedure, do not apply to litigation against the state brought by a prisoner.
AS 09.19.100 Definitions.
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In this chapter, (1) “litigation against the state” means a civil action or an appeal from a civil action or from the final decision of an administrative agency, a petition for review, a petition for hearing, an original application for relief, or another action filed under the A…
AS 09.19.200 Correctional facility litigation.
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(a) Except as provided in (b) and (e) of this section, a court may not order prospective relief in a civil action with respect to correctional facility conditions unless the court finds that (1) the plaintiff has proven a violation of a state or federal right, (2) the prospective…
AS 09.20.010 Qualification of jurors; interpreters.
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(a) A person is qualified to act as a juror if the person is (1) a citizen of the United States; (2) a resident of the state; (3) at least 18 years of age; (4) of sound mind; (5) in possession of the person's natural faculties; and (6) able to read or speak the English language. …
AS 09.20.020 Disqualification of jurors.
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A person is disqualified from serving as a juror if the person (1) has served as a juror in the state within one year of the time of examination for service; or (2) has been convicted of a felony for which the person has not been unconditionally discharged; unconditional discharg…
AS 09.20.025 Limitation on jury service.
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A person may not be required to serve more than a total of three months as a juror during any consecutive two-year period. However, if a person is serving as a juror at the conclusion of the three months period, that person shall complete the trial then in progress. In this secti…
AS 09.20.030 Exemptions.
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(a) A person may claim exemption and may be excused from service as a juror if it is shown that the person's health, the health or proper care of the person's family, a permanent physical or mental disability, or other substantial hardship expected to last more than two years mak…
AS 09.20.035 Deferral of jury service.
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A person may have jury service deferred if the person shows that jury service at the time for which the person is summoned will cause hardship to that person or another, that transportation problems make it temporarily impossible for the person to serve, or that the person summon…
AS 09.20.037 Protection for employee on jury duty.
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(a) An employer may not deprive an employee of employment or threaten, coerce, or penalize an employee because the employee receives or responds to a summons for jury service, serves as a juror, or attends court for prospective jury service. This section does not require an emplo…
AS 09.20.040 Compliance with statute.
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The selection of jurors shall be made in substantial compliance with AS 09.20.040 — 09.20.090. A failure in substantial compliance that prejudices the rights of a party is reversible error.
AS 09.20.050 Jury list.
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(a) At such times as need may require, but not later than November 30 of each year, the administrative director of the Alaska Court System shall prepare for each judicial district a list of the names of the residents of the district who are qualified by law for jury service. If t…
AS 09.20.060 Use of jury box or computer list.
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The clerk of the court shall write the names included in the list on separate pieces of paper or prepare metal, plastic, or other types of pieces to correspond to numbers on the jury list. As directed by the court, the clerk shall deposit the named or numbered pieces in the jury …
AS 09.20.070 Public drawing for jurors for panel.
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Under the direction of the court the clerk shall conduct the public drawing of jurors for the panel by shaking the box to mix the named or numbered pieces. The clerk shall then draw as many names or numbers as are ordered by the court to fill the jury panel. A random selection of…
AS 09.20.080 Jury panel.
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(a) The jury panel for the trial of civil cases consists of at least twice the number of jurors needed to serve on a trial jury, including any needed alternate jurors. If the number of jurors on the panel falls below the number required by this section or if the regular panel is …
AS 09.20.090 Impaneling the trial jury.
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When a civil case that is to be tried by a jury is called for trial, the clerk shall draw from the trial jury box containing the names of those on the jury panel a number of names or numbers sufficient to name a jury of 12 unless the court directs otherwise. The prospective juror…
AS 09.20.100 Verdicts.
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Article 2. Witnesses. In a civil case tried by a jury in any court, whether of record or not, not less than five-sixths of the jury may render a verdict, which is entitled to the legal effect of a unanimous verdict at common law. Special verdicts need not be concurred in by the s…
AS 09.20.110 Service on concealed witness.
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If a witness is concealed in a building or vessel for the purpose of preventing the service of a subpoena, a peace officer may break into the building or vessel to serve the subpoena upon the witness.
AS 09.20.120 Disobedience to subpoena.
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A witness who disobeys a subpoena served on the witness shall also forfeit to the party requiring the attendance of the witness the sum of $50 and all damages which that party may sustain by the failure of the witness to attend. The forfeiture and damages may be recovered in a ci…
AS 09.20.130 Proceedings for examination of prisoner as a witness.
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(a) If a witness is a prisoner confined in a prison in the state, a state court may order the prisoner's temporary removal and production before a state court for the purpose of being orally examined (1) by the court or a judge of the court in which the action or proceeding is pe…
AS 09.20.140 Compelling person to testify.
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A person present in court or before a judicial officer may be required to testify in the same manner as if the person were in attendance before the court or officer on a subpoena.
AS 09.20.150 Witnesses are exonerated from civil arrest.
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A person who has been served in good faith with a subpoena to attend as a witness before a court, judge, referee, or other official is exonerated from arrest in a civil action while going to the place of attendance, necessarily remaining there, and returning from there. The arres…
AS 09.20.160 Affidavit as prerequisite to officer's liability.
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(a) The officer making the arrest is not liable in any way therefor unless the person claiming exoneration from arrest, if required, makes an affidavit stating that the person (1) has been served a subpoena to attend as a witness before a court, judge, referee, or other official,…
AS 09.20.170 Discharge from improper arrest.
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The court, judge, referee, or other person before whom the attendance of the witness is required may discharge a witness from an arrest made in violation of AS 09.20.150.
AS 09.20.180 Exclusion of witnesses from courtroom.
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Except as provided in AS 12.61.010 and AS 47.12.110(b), upon the request of either party the judge may exclude from the courtroom any witness of the adverse party not under examination at the time so that the witness may not hear the testimony of other witnesses.
AS 09.20.185 Expert witness qualification.
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(a) In an action based on professional negligence, a person may not testify as an expert witness on the issue of the appropriate standard of care unless the witness is (1) a professional who is licensed in this state or in another state or country; (2) trained and experienced in …
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.]