Title 09 — Code of Civil Procedure
23 chapters · 647 sections in this title.
AS 09.05.010 Jurisdiction of action.
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From the time of the service of a copy of the summons and complaint, or of the completion of the publication when service by publication is ordered, the court acquires jurisdiction and has control of all the subsequent proceedings. The voluntary appearance of the defendant is equ…
AS 09.05.015 Personal jurisdiction.
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(a) A court of this state having jurisdiction over the subject matter has jurisdiction over a person served in an action according to the rules of civil procedure (1) in an action, whether arising in or out of this state, against a defendant who, when the action is commenced, (A)…
AS 09.05.020 Service of process on nonresident owner or operator of motor vehicle.
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(a) The operation of a motor vehicle by a nonresident, or owned by a nonresident and operated by the express or implied consent of the owner, in the state is considered equivalent to an appointment of the commissioner of administration by the nonresident as the nonresident's atto…
AS 09.05.030 Service on personal representative of deceased nonresident; substitution of personal representative.
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(a) The death of a nonresident does not revoke the appointment of the commissioner of administration by the nonresident as attorney under AS 09.05.020. If the nonresident dies, an action growing out of the accident or collision may be begun or prosecuted against an executor or ad…
AS 09.05.040 Service of process on resident who leaves state after accident.
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A resident who has operated a motor vehicle, or has owned a motor vehicle operated with the express or implied consent of the owner that has been involved in an accident or collision on a public highway, and who has moved to another state after the accident or collision shall be …
AS 09.05.050 Service of process on state prisoners.
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(a) In a civil action to which a person committed to the custody of the commissioner of corrections is a party or witness, service of process shall be made by delivering a copy of the summons and the complaint or pleadings, together with a form for affidavit of proof of service, …
AS 09.10.010 General limitations on civil actions.
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A person may not commence a civil action except within the periods prescribed in this chapter after the cause of action has accrued, except when, in special cases, a different limitation is prescribed by statute.
AS 09.10.020 When action commenced. [Repealed, § 1 ch 27 SLA 1966. For present law, see Civ. R. 3.]
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[Repealed or reserved.]
AS 09.10.030 Actions to recover real property.
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(a) Except as provided in (b) of this section, a person may not bring an action for the recovery of real property or for the recovery of the possession of it unless the action is commenced within 10 years. An action may not be maintained under this subsection for the recovery unl…
AS 09.10.040 Action upon judgment or sealed instrument in 10 years.
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(a) A person may not bring an action upon a judgment or decree of a court of the United States, or of a state or territory within the United States, and an action may not be brought upon a sealed instrument, unless the action is commenced within 10 years. (b) [Repealed, § 54 ch 1…
AS 09.10.050 Certain property actions to be brought in six years.
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Unless the action is commenced within six years, a person may not bring an action for waste or trespass upon real property.
AS 09.10.053 Contract actions to be brought in three years.
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Unless the action is commenced within three years, a person may not bring an action upon a contract or liability, express or implied, except as provided in AS 09.10.040, or as otherwise provided by law, or, except if the provisions of this section are waived by contract.
AS 09.10.054 Limits on when certain design, construction, and remodeling actions may be brought.
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(a) For actions covered under AS 09.45.881 — 09.45.899, a claimant may not begin an action against a construction professional unless the notice of claim under AS 09.45.881 is given within one year after the claimant discovers the defect that is the subject of the action, except …
AS 09.10.055 Statute of repose of 10 years.
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(a) Notwithstanding the disability of minority described under AS 09.10.140(a), a person may not bring an action for personal injury, death, or property damage unless commenced within 10 years of the earlier of the date of (1) substantial completion of the construction alleged to…
AS 09.10.060 Actions for certain statutory penalties to be brought in three years.
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(a) [Repealed, § 2 ch 70 SLA 1996.] (b) A person may not bring an action upon a statute for penalty or forfeiture where the action is given to the party aggrieved or to that party and the state unless the action is brought within three years, except where the statute imposing it …
AS 09.10.065 Commencement of actions for acts constituting sexual offenses.
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(a) A person may bring an action at any time for conduct that would have, at the time the conduct occurred, violated provisions of any of the following offenses: (1) felony sexual abuse of a minor; (2) felony sexual assault; (3) unlawful exploitation of a minor; (4) felony sex tr…
AS 09.10.070 Actions for torts, for injury to personal property, for certain statutory liabilities, and against peace officers and coroners to be brought in two years.
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(a) Except as otherwise provided by law, a person may not bring an action (1) for libel, slander, assault, battery, seduction, or false imprisonment, (2) for personal injury or death, or injury to the rights of another not arising on contract and not specifically provided otherwi…
AS 09.10.075 Actions related to claims based on medical assistance payment fraud.
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Except as provided in AS 09.58.070, a person may not bring an action under AS 09.58.010 — 09.58.025 unless the action is commenced by (1) six years after the act or omission was committed, or (2) three years after the date when facts material to the action were known, or reasonab…
AS 09.10.080 Actions related to escape to be brought in one year.
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A person may not bring an action against a peace officer for the escape of a person arrested or imprisoned on civil process unless the action is commenced within one year.
AS 09.10.090 Actions for penalty.
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A person may not bring an action upon a statute for the penalty given in whole or in part to the person who will prosecute for the same unless the action is commenced within one year after the commission of the offense. If the action is not commenced within one year by a private …
AS 09.10.100 Other actions in 10 years.
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An action for a cause not otherwise provided for may be commenced within 10 years after the cause of action has accrued.
AS 09.10.110 Accrual of cause of action upon mutual, open, and current account.
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In an action brought to recover a balance due upon a mutual, open, and current account where there have been reciprocal demands between the parties, the cause of action accrues from the date of the last item proved in the account on either side. But when a period of more than one…
AS 09.10.120 Actions in name of state, political subdivisions, or public corporations.
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(a) Except as provided in AS 09.10.075, an action brought in the name of or for the benefit of the state, any political subdivision, or public corporation may be commenced only within six years after the date of accrual of the cause of action. However, if the action is for relief…
AS 09.10.130 Effect of absence from state or concealment.
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When the cause of action accrues against a person who is out of the state or concealed in the state, the action may be commenced within the periods provided in this chapter after that person returns to the state or when the concealment ceases. If a person departs from the state o…
AS 09.10.140 Disabilities of minority and incompetency.
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(a) Except as provided under (c) of this section, if a person entitled to bring an action mentioned in this chapter is at the time the cause of action accrues either (1) under the age of majority, or (2) incompetent by reason of mental illness or mental disability, the time of a …
AS 09.10.150 Death of a party before expiration of limitation period. [Repealed, § 5 ch 78 SLA 1972.]
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[Repealed or reserved.]
AS 09.10.160 Disability of alien during war.
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When a person is an alien subject or citizen of a country at war with the United States, the time of the continuance of the war is not a part of the period limited for the commencement of the action.
AS 09.10.170 Commencement stayed by injunction or statute.
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When the commencement of an action is stayed by injunction or a statutory prohibition, the time of the continuance of the injunction or prohibition is not a part of the time limited for the commencement of the action.
AS 09.10.180 Time at which disability exists.
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A person may not claim the benefit of a disability unless it existed when the right of action accrued or began before the time for commencing the action expired.
AS 09.10.190 Coexisting disabilities.
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When two or more disabilities coexist at the time the right of action accrues, the limitation does not attach until they all are removed.
AS 09.10.200 Acknowledgment or promise.
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No acknowledgment or promise is sufficient evidence of a new or continuing contract to take the case out of the operation of this chapter unless the acknowledgment or promise is contained in writing, signed by the party to be charged, and, as to instruments affecting real estate,…
AS 09.10.210 Past due payments.
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When a past due payment of principal or interest is made upon any evidence of indebtedness, the running of the time within which an action may be commenced starts from the time the last payment is made.
AS 09.10.220 Action arising in other jurisdictions between nonresidents.
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When a cause of action has arisen in another state or in a territory or foreign country between nonresidents of this state, and by the laws of the state, territory, or country where the cause of action arose that action cannot be maintained because of a lapse of time, the action …
AS 09.10.230 Certain actions relating to real property.
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A person may not bring an action for the determination of a right or claim to or interest in real property unless commenced within the limitations provided for actions for the recovery of the possession of real property. However, a person may not bring an action to set aside, can…
AS 09.10.240 Commencement of action after dismissal or reversal.
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If an action is commenced within the time prescribed and is dismissed upon the trial or upon appeal after the time limited for bringing a new action, the plaintiff or, if the plaintiff dies and the cause of action in favor of the plaintiff survives, the heirs or representatives m…
AS 09.15.010 Parents or guardian may sue for injuries or death to child.
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A parent may maintain an action as plaintiff for the injury or death of a child below the age of majority. A guardian may maintain an action as plaintiff for the injury or death of a ward.
AS 09.15.020 Parents or guardian may sue for seduction of child.
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A parent may maintain an action as plaintiff for the seduction of a child below the age of majority. The guardian may maintain an action as plaintiff for the seduction of a ward. The action may be maintained even though the child or ward is not living with or in the service of th…
AS 09.15.030 Unmarried females may sue for seduction. [Repealed, § 64 ch 127 SLA 1974.]
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[Repealed or reserved.]
AS 09.15.040 Death or disability of a party.
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In case of the death or disability of a party to an action, the court may at any time within two years after the death or disability, on motion, allow the action to be continued by or against that party's personal representatives or successor in interest.
AS 09.17.010 Noneconomic damages.
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(a) In an action to recover damages for personal injury or wrongful death, all damage claims for noneconomic losses shall be limited to compensation for pain, suffering, inconvenience, physical impairment, disfigurement, loss of enjoyment of life, loss of consortium, and other no…
AS 09.17.020 Punitive damages.
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(a) In an action in which a claim of punitive damages is presented to the fact finder, the fact finder shall determine, concurrently with all other issues presented, whether punitive damages shall be allowed by using the standards set out in (b) of this section. If punitive damag…
AS 09.17.030 [Renumbered as AS 09.65.210.]
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[Repealed or reserved.]
AS 09.17.040 Award of damages; periodic payments.
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(a) In every case where damages for personal injury are awarded by the court or jury, the verdict shall be itemized between economic loss and noneconomic loss, if any, as follows: (1) past economic loss; (2) past noneconomic loss; (3) future economic loss; (4) future noneconomic …
AS 09.17.050 [Renumbered as AS 09.65.170.]
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[Repealed or reserved.]
AS 09.17.060 Effect of contributory fault.
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In an action based on fault seeking to recover damages for injury or death to a person or harm to property, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for the injury attributable to the claimant's contributo…
AS 09.17.070 Collateral benefits.
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(a) After the fact finder has rendered an award to a claimant, and after the court has awarded costs and attorney fees, a defendant may introduce evidence of amounts received or to be received by the claimant as compensation for the same injury from collateral sources that do not…
AS 09.17.080 Apportionment of damages.
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(a) In all actions involving fault of more than one person, including third-party defendants and persons who have settled or otherwise been released, the court, unless otherwise agreed by all parties, shall instruct the jury to answer special interrogatories or, if there is no ju…
AS 09.17.090 Effect of release. [Repealed, § 17 ch 14 SLA 1987.]
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[Repealed or reserved.]
AS 09.17.100 [Renumbered as AS 09.65.180.]
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[Repealed or reserved.]
AS 09.17.900 Definition.
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In this chapter, “fault” includes acts or omissions that are in any measure negligent, reckless, or intentional toward the person or property of the actor or others, or that subject a person to strict tort liability. The term also includes breach of warranty, unreasonable assumpt…