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Legal Statutes: Alaska

UPDATED September 14, 2017

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Part II. Commencement of Action-- Service of Process, Pleadings, Motions and Orders

back to topRule 3. Commencement of Action and Venue

(a) A civil action is commenced by filing a complaint with the court. The complaint, in order to be accepted for filing, must be accompanied by a completed case description on a form provided by the clerk of court. The complaint shall also be accompanied by an envelope addressed to the plaintiff with sufficient postage to mail the envelope and all summonses that will be issued in the case.

(b) All actions in ejectment, for recovery of possession, for quieting title, for partition, or for the enforcement of liens upon real property shall be commenced in the superior court in the judicial district in which the real property, or any part of it affected by the action, is situated. Such actions may also be commenced in the venue district in which the real property is located if the superior court in the district accepts such cases for filing.

(c) If, in a civil action other than one specified in (b) of this rule, a defendant can be personally served within a judicial district of the State of Alaska, the action may be commenced either in: (1) the judicial district in which the claim arose; or (2) a judicial district where the defendant may be personally served; or (3) a venue district where the claim arose if the superior court in the district accepts such cases for filing.

(d) Subject to a change of venue motion under AS 22.10.040, a trial and any hearings in an action shall be conducted in a venue district within the judicial district at a location which would best serve the convenience of the parties and witnesses. However, if there is any part of more than one venue district within the boundaries of a borough, the trial and related hearings shall be conducted within the borough's boundaries at a location which would best serve the convenience of the parties and witnesses.

(e) Actions in cases not otherwise covered under this rule may be commenced in any judicial district of the state.

(f) Failure to make timely objection to improper venue waives the venue requirements of this rule.

(g) Venue districts as used in this rule refer to the districts referenced in the venue map described in Criminal Rule 18.

(h) A petition or request for a protective order on domestic violence under AS 18.66 may be filed in the judicial district

(1) where the petitioner currently or temporarily resides;

(2) where the respondent resides; or

(3) where the domestic violence occurred.
[Amended effective December 15, 1986; August 15, 1987; January 15, 1993; July 15, 1993; July 1, 1996, by Laws 1996, c. 64, § 68; October 15, 2000; amended by Order No. 1450, effective October 15, 2001; amended by Order No. 1656 dated October 4, 2007, effective April 15, 2008.]