Title 09 — Code of Civil Procedure
23 chapters · 647 sections in this title.
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 …
AS 09.55.544 Evidence.
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(a) In a civil action or arbitration under AS 09.55.530 — 09.55.560, notwithstanding AS 09.43.050(2), 09.43.420(a), or 09.43.440(e), the following are not admissible as evidence: (1) an expression of apology, sympathy, commiseration, compassion, or benevolence made orally, by con…
AS 09.55.545 Agreement to correct unanticipated outcome or settle claim; legal advice.
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An agreement to correct an unanticipated outcome of medical treatment or care or to settle a claim of medical malpractice made between a health care provider and a patient or the patient's legal representative is voidable if the health care provider has not advised the patient or…
AS 09.55.546 Advance payments.
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In an action to recover damages under AS 09.55.530 — 09.55.560, no advance payment made by the defendant health care provider or the professional liability insurer of the defendant to or on behalf of the plaintiff is admissible as evidence or may be construed as an admission of l…
AS 09.55.547 Pleading of damages.
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In a cause of action against a health care provider for malpractice, the complaint or any other pleadings may not contain an ad damnum clause or monetary amount claimed against the defendant health care provider, except as necessary for jurisdictional purposes.
AS 09.55.548 Awards; collateral source.
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(a) Damages shall be awarded in accordance with principles of the common law. The fact finder in a malpractice action shall render any award for damages by category of loss. The court may enter a judgment that future damages be paid in whole or in part by periodic payments rather…
AS 09.55.549 Limitation on damages from health care provider's services.
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(a) Notwithstanding AS 09.17.010, noneconomic damages for personal injury or death based on the provision of services by a health care provider may only be awarded as provided in this section. (b) In an action to recover damages for personal injury or wrongful death based on the …
AS 09.55.550 Jury instructions.
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In medical malpractice actions the jury shall be instructed that the plaintiff has the burden of proving the health care provider's negligence or wilful misconduct in accordance with the standard of proof specified in AS 09.55.540. The jury shall be further instructed that injury…
AS 09.55.554 Immunity for oral contracts.
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A cause of action against a health care provider does not arise for breach of an oral contract to provide a cure or achieve a specific medical result.
AS 09.55.556 Informed consent.
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(a) A health care provider is liable for failure to obtain the informed consent of a patient if the claimant establishes by a preponderance of the evidence that the provider has failed to inform the patient of the common risks and reasonable alternatives to the proposed treatment…
AS 09.55.560 Definitions.
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Article 7. Survival and Wrongful Death Actions. In AS 09.55.530 — 09.55.560, (1) “board” means an arbitration board established under AS 09.55.535; (2) “health care provider” means an acupuncturist licensed under AS 08.06; an audiologist or speech-language pathologist licensed un…
AS 09.55.570 All causes of action survive.
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All causes of action by one person against another, whether arising on contract or otherwise, except those involving defamation of character, survive to the personal representatives of the former and against the personal representatives of the latter, but this may not be construe…
AS 09.55.580 Action for wrongful death.
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(a) Except as provided under (f) of this section and AS 09.65.145, when the death of a person is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained a…
AS 09.55.585 Action for wrongful death of an unborn child; applicability.
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Article 8. Removal of Disabilities of a Minor. (a) A parent of an unborn child may maintain an action as plaintiff for the death of an unborn child that was caused by the wrongful act or omission of another. (b) This section does not apply to acts or omissions that (1) cause the …
AS 09.55.590 Removal of disabilities of minority.
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(a) A minor who is a resident of this state and is at least 16 years of age, who is living separate and apart from the parents or guardian of the minor, capable of sustained self-support and of managing one's own financial affairs, or the legal custodian of such a minor, may peti…
AS 09.55.600 [Renumbered as AS 25.35.010.]
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[Repealed or reserved.]
AS 09.55.601 [Renumbered as AS 09.60.070.]
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[Repealed or reserved.]
AS 09.55.610 Secs. 09.55.610 — 09.55.640. [Renumbered as AS 25.35.020 — 25.35.060.]
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Article 9. Actions by Crime Victims.
AS 09.55.650 Claim based on sexual abuse to a minor under 16 years of age.
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Article 10. Civil in rem Forfeiture. (a) A person who, as a minor under 16 years of age, was the victim of sexual abuse may maintain an action for recovery of damages against the perpetrator of the act or acts of sexual abuse based on the perpetrator's intentional conduct for an …
AS 09.55.700 In rem civil forfeiture actions.
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Common law civil in rem forfeiture actions are abolished if used instead of a criminal proceeding.
AS 09.58.010 False claims for medical assistance; civil penalty.
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(a) A medical assistance provider or medical assistance recipient may not (1) knowingly submit, authorize, or cause to be submitted to an officer or employee of the state a false or fraudulent claim for payment or approval under the medical assistance program; (2) knowingly make,…
AS 09.58.015 Attorney general investigation; civil action.
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(a) The attorney general or the Department of Health may investigate an alleged violation of AS 09.58.010. The attorney general may request assistance from the Department of Health in an investigation under this section. (b) The attorney general may bring a civil action in superi…
AS 09.58.020 Private plaintiff; civil action.
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[Repealed or reserved.]
AS 09.58.025 Subpoenas.
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In conducting an investigation under AS 09.58.015, the attorney general may issue subpoenas to compel the production of books, papers, correspondence, memoranda, and other records in connection with an investigation under or the administration of AS 09.58.010 — 09.58.025. If a me…
AS 09.58.030 §§ 09.58.030 — 09.58.060. Rights in false or fraudulent claims actions; award to false or fraudulent claim plaintiff; certain actions barred; state not liable for attorney fees, costs, and other expenses.
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[Repealed or reserved.]
AS 09.58.070 Employee protection for retaliation.
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(a) An employee of a medical assistance provider who is discharged, demoted, suspended, threatened, harassed, or discriminated against in the terms and conditions of employment by the employee's employer because of lawful acts done by the employee on behalf of the employee or oth…
AS 09.58.080 Regulations.
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The attorney general may adopt regulations under AS 44.62 as necessary to carry out the purposes of this chapter.
AS 09.58.090 Special provisions.
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(a) This chapter does not apply to any controversy involving damages to the state of less than $5,500 in value. (b) No punitive damages may be awarded in an action brought under AS 09.58.010 — 09.58.025.
AS 09.58.100 Definitions.
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In this chapter, (1) “attorney general” includes a designee of the attorney general; (2) “claim” means a request for payment of health care services or equipment, whether made to a contractor, grantee, or other person, when the state provides, directly or indirectly, a portion of…
AS 09.58.110 Short title.
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This chapter may be cited as the Alaska Medical Assistance False Claim and Reporting Act.
AS 09.60.010 Costs and attorney fees allowed prevailing party.
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(a) The supreme court shall determine by rule or order the costs, if any, that may be allowed a prevailing party in a civil action. Unless specifically authorized by statute or by agreement between the parties, attorney fees may not be awarded to a party in a civil action for per…
AS 09.60.015 Attorney fees in certain small claims actions.
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(a) In any action for damages where the amount pleaded is $1,000 or less, and the plaintiff, when represented by counsel, prevails in the action, the plaintiff shall be allowed a reasonable amount to be fixed by the court as attorney fees for the prosecution of the action as a pa…
AS 09.60.020 Liability of guardian ad litem for costs.
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A person appointed guardian ad litem by a court for an infant or incompetent defendant is not liable for the costs of the action.
AS 09.60.030 Guardian's responsibility for allowance against infant plaintiff.
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When costs or disbursements are adjudged against an infant plaintiff or incompetent, the guardian by whom the plaintiff appeared in the action is responsible for the payment, and payment may be enforced against the guardian as if the guardian were the actual plaintiff.
AS 09.60.040 Costs where party is a representative.
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In actions in which an executor, administrator, trustee of an express trust, or a person authorized to represent a party is a party, costs may be allowed as in other cases. However, when costs are allowed against that party, they are chargeable solely upon the estate, fund, or pa…
AS 09.60.050 Costs awarded against state, borough, city, or other public agencies.
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When the state or a borough, city, or other public agency or entity or an officer thereof in an official capacity is a party, costs shall be awarded against it on the same basis as against any other natural person or party. However, when the action is brought upon the information…
AS 09.60.060 Security for costs where plaintiff a nonresident or foreign corporation.
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When the plaintiff in an action resides out of the state or is a foreign corporation, security for the costs and attorney fees, which may be awarded against the plaintiff, may be required by the defendant, if timely demand is made within 30 days after the defendant discovers that…
AS 09.60.070 Attorney fees for victims of serious criminal offenses.
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(a) A person who has been injured or damaged, or the estate of a person who has died, may recover from the offender full reasonable attorney fees in a civil action or a wrongful death action if the injury, damage, or death resulted from (1) an attempt on the part of the person to…
AS 09.60.080 Contingent fee agreements.
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Article 2. Structured Settlements. If an attorney contracts for or collects a contingency fee in connection with an action for personal injury, death, or property damage, and the damages awarded by a court or jury include an award of punitive damages, the contingent fee due the a…
AS 09.60.200 Conditions to transfers of structured settlement payment rights and structured settlement agreements.
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(a) A transfer of structured settlement payment rights is not effective and a structured settlement obligor or annuity issuer is not required to make a payment directly or indirectly to a transferee of structured settlement payment rights unless the transfer has been approved by …
AS 09.60.210 Jurisdiction; procedure for approval of transfers.
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(a) The superior court where the action giving rise to the structured settlement was maintained or could have been maintained or where the payee is domiciled has jurisdiction over an application for approval under AS 09.60.200 of a transfer of structured settlement payment rights…
AS 09.60.220 No waiver and no penalty.
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(a) The provisions of AS 09.60.200 — 09.60.230 may not be waived. (b) A payee who proposes to make a transfer of structured settlement payment rights may not incur a penalty, forfeit an application fee or other payment, or otherwise incur any liability to the proposed transferee …
AS 09.60.230 Definitions.
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In AS 09.60.200 — 09.60.230, (1) “annuity issuer” means an insurer that has issued an annuity contract to be used to fund periodic payments under a structured settlement; (2) “dependents” means a payee's spouse and minor children and all other family members and other persons for…
AS 09.63.010 Oath, affirmation, and acknowledgment.
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The following persons may take an oath, affirmation, or acknowledgment in the state: (1) a justice, judge, or magistrate of a court of the State of Alaska or of the United States; (2) a clerk or deputy clerk of a court of the State of Alaska or of the United States; (3) a notary …
AS 09.63.020 Certification of documents.
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(a) A matter required or authorized to be supported, evidenced, established, or proven by the sworn statement, declaration, verification, certificate, oath, or affidavit, in writing of the person making it (other than a deposition, an acknowledgment, an oath of office, or an oath…