Title 09 — Code of Civil Procedure
23 chapters · 647 sections in this title.
AS 09.65.250 Immunity for certain actions related to child support.
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A person, including the state and its subdivisions, agencies, officers, and employees, may not be held liable for good faith (1) compliance with a subpoena of this or another state that requests information, including the social security number and employment history of a person,…
AS 09.65.255 Liability for acts of minors.
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(a) Except as provided under (d) and (e) of this section, a person, municipal corporation, association, village, school district, or religious or charitable organization, incorporated or unincorporated, may recover damages in a civil action in an amount not to exceed $15,000 and …
AS 09.65.260 Claims against persons engaged in business arising out of or in connection with the year 2000 date change. [Repealed, § 3 ch 79 SLA 1999.]
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[Repealed or reserved.]
AS 09.65.270 Civil immunity related to the sale or transfer of a firearm.
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(a) A person may not bring a civil action for damage or harm caused by an individual for whom a federal firearm certificate was executed if the action arises from the execution of the federal firearm certificate by a public official with the authority under federal law to execute…
AS 09.65.280 Civil liability of state for acts or omissions of village public safety officers.
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Notwithstanding another provision of law, the state and its officers, agents, and employees are not liable in tort, except for an act or omission that constitutes gross negligence or reckless or intentional misconduct, for damages for the injury to or death of a person or propert…
AS 09.65.290 Civil liability for sports or recreational activities.
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(a) A person who participates in a sports or recreational activity assumes the inherent risks in that sports or recreational activity and is legally responsible for all injuries or death to the person or other persons and for all damage to property that results from the inherent …
AS 09.65.292 Parental waiver of child's negligence claim against provider of sports or recreational activity.
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(a) Except as provided in (b) of this section, a parent may, on behalf of the parent's child, release or waive the child's prospective claim for negligence against the provider of a sports or recreational activity in which the child participates to the extent that the activities …
AS 09.65.295 Liability involving a peace officer or firefighter.
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(a) A peace officer or firefighter injured while in the line of duty or the personal representative of a peace officer or firefighter who died in the line of duty may not bring a civil action to recover damages for a negligent act or omission if the negligent act or omission crea…
AS 09.65.300 Immunity for providing free health care services.
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(a) [See delayed amendment note.] Except as otherwise provided in this section, a health care provider who provides health care services to another person is not liable for civil damages resulting from an act or omission in providing the health care services if the health care (1…
AS 09.65.305 Immunity for distributing free recycled used eyeglasses.
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A nonprofit organization approved by the department is not liable for distributing recycled used eyeglasses if (1) the eyeglasses are distributed and fitted free of charge and the fitting conforms, to the extent possible, with a written prescription from a licensed physician or o…
AS 09.65.310 Damages resulting from driving the vehicle of a person under the influence of an alcoholic beverage. [Repealed, § 3 ch 69 SLA 2004.]
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[Repealed or reserved.]
AS 09.65.315 Damages resulting from driving the vehicle of a person under the influence of an alcoholic beverage.
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(a) A person is not liable beyond the limits of any applicable insurance policy purchased by or on behalf of the owner of the vehicle, or the taxicab or limousine company or the company's owner, agents, or employees, for damages resulting from a motor vehicle accident if the pers…
AS 09.65.320 Nonrecovery for damages for noneconomic losses resulting from operating a motor vehicle while uninsured.
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(a) Except as provided in (b) of this section, in an action to recover damages for personal injury or wrongful death, a person who suffers personal injury or death or the person's personal representative under AS 09.55.570 or 09.55.580 may not recover damages for noneconomic loss…
AS 09.65.325 Immunity relating to use or nonuse of investigational drugs, biological products, and devices.
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(a) A person is not liable in an action for damages for the injury or death of a patient with a terminal illness resulting from the patient's use of an investigational drug, biological product, or device for the purpose of sustaining the patient's life if the person, acting in go…
AS 09.65.330 Immunity: Use of defensive force.
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(a) A person who uses force in defense of self, other persons, or property as permitted in AS 11.81 is not liable for the death of or injury to the person against whom the force was intended to be used, unless the person against whom force was used was (1) a peace officer, whethe…
AS 09.65.340 Immunity for prescribing, providing, or administering an opioid overdose drug.
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(a) Except as provided in (c) of this section, a person is not liable for civil damages resulting from an act or omission in prescribing or providing an opioid overdose drug to a person at risk of experiencing an opioid overdose or to a family member, friend, caregiver, or other …
AS 09.65.350 Immunity for certain actions related to transportation network companies.
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(a) The state or a municipality, and the officers, employees, and agents of the state or a municipality, are not liable in tort for damages for the injury to or death of a person or property damage resulting from an act, omission, or failure of a transportation network company or…
AS 09.68.020 Successive actions.
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Successive actions may be maintained upon the same contract or transaction when a new cause of action arises under the contract.
AS 09.68.030 Corporate sureties.
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When, by the laws of the state or by a charter, ordinance, rule, or regulation of a political subdivision, municipality, public corporation, or by a board, body, organization, court, or judge, a recognizance, stipulation, bond, undertaking, or bail in an action, suit, proceeding,…
AS 09.68.040 Parties exempt from giving bond.
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(a) In an action or proceeding in a court in which the state or a municipality is a party or in which the state or a municipality is interested, a bond or undertaking is not required of the state, a municipality, or an officer of the state or municipality. (b) A bond for costs on…
AS 09.68.050 Civil liability for malicious claim against state permitted project.
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(a) A person who initiates or maintains a malicious claim for injunctive relief against a state permitted project is, in addition to any other penalty or sanction provided by law, liable in a civil action to the permittee or owner of the project for all of the following: (1) actu…
AS 09.68.060 Defense not prejudiced by assignment.
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If there is an assignment of a thing in action, the action by the assignee is without prejudice to a setoff or other defense existing at the time of, or before notice of the assignment. But, this section does not apply to a negotiable promissory note or bill of exchange transferr…
AS 09.68.110 Civil liability for shoplifting.
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(a) A person who has attained the age of 18 years or an emancipated minor who shoplifts merchandise is, in addition to any criminal penalty provided by law, liable in a civil action to the owner or seller of the merchandise for all of the following: (1) actual damages; (2) a pena…
AS 09.68.115 Bad check civil penalties.
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(a) In an action against a person who issues a check that is dishonored, the plaintiff may recover damages in an amount equal to $100 or triple the amount of the check, whichever is greater, except that damages recovered under this section may not exceed the amount of the check b…
AS 09.68.120 Definition of death.
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An individual is considered dead if, in the opinion of a physician licensed or exempt from licensing under AS 08.64 or a registered nurse authorized to pronounce death under AS 08.68.700, based on acceptable medical standards, or in the opinion of a mobile intensive care paramedi…
AS 09.68.130 Collection of settlement information.
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[Repealed or reserved.]
AS 09.70.010 Applicability of title.
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This title governs all proceedings in actions brought after January 1, 1963, and all further proceedings in actions then pending, except to the extent that, in the opinion of the court, their application in a particular action pending when the rules take effect would not be feasi…
AS 09.70.020 Short title.
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This title may be cited as the Code of Civil Procedure.
AS 09.70.030 Good faith.
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The parties to every contract have a duty to act fairly and in good faith in the performance and enforcement of the contract.
AS 09.80.010 Scope.
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(a) Except as otherwise provided in (b) and (c) of this section, this chapter applies to electronic records and electronic signatures relating to a transaction. (b) This chapter does not apply to a transaction to the extent it is governed by (1) a law governing the creation and e…
AS 09.80.020 Use of electronic records and electronic signatures; variation by agreement.
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(a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (b) This chapter applies only to transactions between parties each of whom has agreed …
AS 09.80.030 Construction and application.
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This chapter shall be construed and applied to (1) facilitate electronic transactions consistent with other applicable law; (2) be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and (3) carry out its ge…
AS 09.80.040 Legal recognition of electronic records, electronic signatures, and electronic contracts.
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(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be …
AS 09.80.050 Provision of information in writing; presentation of records.
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(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an el…
AS 09.80.060 Attribution and effect of electronic record and electronic signature.
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(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to whom the electronic rec…
AS 09.80.070 Effect of change or error.
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If a change or an error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: (1) if the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other…
AS 09.80.080 Notarization and acknowledgment.
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If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other appli…
AS 09.80.090 Retention of electronic records; originals.
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(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record that (1) accurately reflects the information set out in the record after it was first generated in its final form as an electronic reco…
AS 09.80.100 Admissibility in evidence.
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In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
AS 09.80.110 Automated transaction.
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In an automated transaction, the following rules apply: (1) a contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements; (2) a contract may be …
AS 09.80.120 Time and place of sending and receipt.
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(a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it (1) is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic re…
AS 09.80.130 Transferable records.
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(a) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to whom the transferable record was issued or transferred. (b) A system satisfies (a) of this …
AS 09.80.140 Creation and retention of electronic records and conversion of written records by governmental agencies.
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Each governmental agency of this state shall determine whether, and the extent to which, the governmental agency will create and retain electronic records and convert written records to electronic records.
AS 09.80.150 Acceptance and distribution of electronic records by governmental agencies.
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(a) Except as otherwise provided in AS 09.80.090(f), each governmental agency of this state shall determine whether, and the extent to which, the governmental agency will send and accept electronic records and electronic signatures to and from other persons and otherwise create, …
AS 09.80.160 Interoperability.
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A governmental agency of this state that adopts standards under AS 09.80.150 may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons…
AS 09.80.190 Definitions.
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In this chapter, (1) “agreement” means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction; (2) “…
AS 09.80.195 Short title.
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This chapter may be cited as the Uniform Electronic Transactions Act.