Alaska Stat. § 09.55.380 — AK Code / Title 9 / Chapter 09.55 / Section 09.55.380
Order authorizing plaintiff to continue in or take possession.
Status: in_force

Upon application of the plaintiff at any time after the jury's verdict has been returned or the master's report has been filed in the court, the court may make an order that, upon payment into court of the amount of damages assessed in the report or by the jury, the plaintiff, if already in possession of the property sought to be condemned, may continue in possession and, if not in possession, the court may authorize the plaintiff to take possession of the property and use and possess it until the final conclusion of the proceedings, and that all actions and proceedings against the plaintiff on that account be stayed until that time. However, where an appeal is taken by the defendant, the court may also require the plaintiff to give a bond or undertaking with sufficient sureties before continuing or taking possession. The bond or undertaking shall be approved by the court and shall be in the sum the court may direct, and conditioned to pay defendant any additional damages and costs given by the judgment over and above the amount assessed, and the damages which defendant sustains if the property is not taken for public uses. For the purposes of this section the amount assessed as damages in the report or by the jury is considered as just compensation for the property appropriated until reassessed or changed in further proceedings. However, the plaintiff, by payment into court of the amount assessed or by giving security as above provided, is not precluded from an appeal, but may appeal in the manner and with the effect as if no money had been deposited or security given. If the plaintiff deposits the amount of the assessment and continues in possession or takes possession of the property and there is no dispute as to the ownership of the property, the defendant may at any time demand and receive from the court the money deposited, and the demand or receipt does not bar or preclude the defendant from the right of appeal. However, if the amount of the assessment is reduced on appeal by either party, the defendant who has received the amount of the assessment deposited is liable to the plaintiff for the difference between the amount received by the defendant and the amount finally assessed with legal interest from the time the defendant received the money deposited, and it may be recovered by action.
Alaska Stat. § 09.45.890 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.890
Acceptance of offer.
Status: in_force

(a) To accept an offer of a construction professional to repair a defect under AS 09.45.886 (1), a claimant shall serve the construction professional with a written notice of acceptance within a reasonable period of time, not to exceed 30 days, after receiving the offer.

(b) A claimant who accepts an offer under (a) of this section shall provide the construction professional and its contractors or other agents reasonable access to the claimant's dwelling during normal working hours to perform the repairs by the time stated in the offer.
Alaska Stat. § 09.17.900 — AK Code / Title 9 / Chapter 09.17 / Section 09.17.900
Definition.
Status: in_force

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 assumption of risk not constituting an enforceable express consent, misuse of a product for which the defendant otherwise would be liable, and unreasonable failure to avoid an injury or to mitigate damages. Legal requirements of causal relation apply both to fault as the basis for liability and to contributory fault.
Alaska Stat. § 09.45.610 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.610
Payment to guardian of share of insane or incompetent person.
Status: in_force

The guardian who may be entitled to the custody and management of the estate of an insane person or other person adjudged incapable of conducting one's own affairs whose interest in real property has been sold may receive in behalf of that person that person's share of the proceeds of the real property on executing an undertaking, with sufficient sureties and approved by the judge of the court, that the guardian will faithfully discharge the trust reposed in the guardian and will render a true and just account to the person entitled or to the legal representatives of that person.
Alaska Stat. § 09.60.200 — AK Code / Title 9 / Chapter 09.60 / Section 09.60.200
Conditions to transfers of structured settlement payment rights and structured settlement agreements.
Status: in_force

(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 a superior court based on the court's written express findings that (1) the structured settlement arose from an action filed in the state or that could have been filed in the state, or the payee of the structured settlement is domiciled in the state;

(2) the transfer complies with the requirements of AS 09.60.200  09.60.230, other applicable state and federal law, and the orders of any court;

(3) not less than 10 days before the date on which the payee first incurred an obligation with respect to the transfer, the payee has received by certified mail, return receipt requested, or other means that provide a comparable record of delivery, a disclosure statement in bold type, no smaller than 14 points, specifying (A) the amounts and due dates of the structured settlement payments to be transferred;

(B) the aggregate amount of the payments;

(C) the discounted present value of the payments, together with the discount rate used in determining the discounted present value;

(D) the gross amount payable to the payee in exchange for the payments;

(E) an itemized listing of all broker's commissions, service charges, application fees, processing fees, closing costs, filing fees, referral fees, administrative fees, legal fees, notary fees, and other commissions, fees, costs, expenses, and charges payable by the payee or deductible from the gross amount otherwise payable to the payee;

(F) the net amount payable to the payee after deduction of all commissions, fees, costs, expenses, and charges described in (E) of this paragraph;

(G) the quotient, expressed as a percentage, obtained by dividing the net payment amount by the discounted present value of the payments; and

(H) the amount of any penalty and the aggregate amount of any liquidated damages, including penalties, payable by the payee in the event of a breach of the transfer agreement by the payee;

(4) the payee has established that the transfer is in the best interests of the payee and the payee's dependents;

(5) the payee has received independent professional advice regarding the legal, tax, and financial implications of the transfer;

(6) the transferee has given written notice of the transferee's name, address, and taxpayer identification number to the annuity issuer and the structured settlement obligor and has filed a copy of the notice with the court; and

(7) the transfer agreement provides that any disputes between the parties will be governed, interpreted, construed, and enforced in accordance with the laws of this state and that the domicile state of the payee is the proper venue to bring any cause of action arising out of a breach of the agreement; the transfer agreement must also provide that the parties agree to the jurisdiction of any court of competent jurisdiction located in this state.

(b) If the transfer would contravene the terms of the structured settlement, upon the filing of a written objection by any interested party and after considering the objection and any response to it, the court may grant, deny, or impose conditions upon the proposed transfer as the court considers just and proper under the facts and circumstances in accordance with established principles of law. Any order approving a transfer must require that the transferee indemnify the annuity issuer and the structured settlement obligor for any liability including reasonable costs and attorney fees arising from compliance by the issuer or obligor with the order of the court.

(c) A provision in a transfer agreement giving a transferee power to confess judgment against a payee is unenforceable to the extent the amount of the judgment would exceed the amount paid by the transferee to the payee, less any payments received from the structured settlement obligor or the payee.
Alaska Stat. § 09.40.310 — AK Code / Title 9 / Chapter 09.40 / Section 09.40.310
Third party claims.
Status: in_force

If the property taken is claimed by any person other than the defendant, and that person makes an affidavit of title to the property or the right to the possession of it, stating the grounds of the title or right, and serves it upon the peace officer taking the property while the property is still in the peace officer's custody, the peace officer may release the property unless the plaintiff, on demand of the officer, indemnifies the peace officer against the third party claim by a written undertaking approved by the clerk of court and executed by sufficient sureties.
Alaska Stat. § 09.50.380 — AK Code / Title 9 / Chapter 09.50 / Section 09.50.380
Enforcement of judgment for costs.
Status: in_force

A judgment given in an action provided for in AS 09.50.310  09.50.380 in respect to costs and disbursements may be enforced by execution as a judgment that requires the payment of money.
Alaska Stat. § 09.50.370 — AK Code / Title 9 / Chapter 09.50 / Section 09.50.370
Judgment against defendant.
Status: in_force

If a defendant is adjudged guilty of usurping or intruding into or unlawfully holding or exercising an office or franchise, judgment shall be given that the defendant be excluded from holding or exercising the office or franchise. The court may also, in its discretion, impose a fine upon the defendant of not more than $2,000. If a corporation is defendant and a judgment is given that causes the corporation to cease to exist, the corporation shall dissolve.
Alaska Stat. § 09.65.087 — AK Code / Title 9 / Chapter 09.65 / Section 09.65.087
Civil liability for use of an automated external defibrillator.
Status: reserved

(a) A person who uses or attempts to use an automated external defibrillator device on a victim of a perceived medical emergency is not liable for civil damages resulting from the use or attempted use of the device. This subsection does not apply to civil damages resulting from a failure to notify the appropriate emergency medical services agency.

(b) A person who acquires or provides an automated external defibrillator device for use on a victim of a perceived medical emergency is not liable for civil damages resulting from the use or attempted use of the device. This subsection does not apply to civil damages resulting from gross negligence.

(c) The immunity provided by (b) of this section does not apply to a manufacturer of an automated external defibrillator.

(d) [Repealed, § 2 ch 19 SLA 2015.]
Alaska Stat. § 09.25.310 — AK Code / Title 9 / Chapter 09.25 / Section 09.25.310
Challenge of privilege before superior or supreme court.
Status: in_force

(a) When a public official or reporter claims the privilege in a cause being heard before the supreme court or a superior court of this state, a person who has the right to question the public official or reporter in that proceeding, or the court on its own motion, may challenge the claim of privilege. The court shall make or cause to be made whatever inquiry the court thinks necessary to a determination of the issue. The inquiry may be made instanter by way of questions put to the witness claiming the privilege and a decision then rendered, or the court may require the presence of other witnesses or documentary showing or may order a special hearing for the determination of the issue of privilege.

(b) The court may deny the privilege and may order the public official or the reporter to testify, imposing whatever limits upon the testimony and upon the right of cross-examination of the witness as may be in the public interest or in the interest of a fair trial, if it finds the withholding of the testimony would (1) result in a miscarriage of justice or the denial of a fair trial to those who challenge the privilege; or

(2) be contrary to the public interest.
Alaska Stat. § 09.38.075 — AK Code / Title 9 / Chapter 09.38 / Section 09.38.075
Special procedures relating to limited value exemptions; burden of proof.
Status: in_force

(a) Unless a creditor is seeking collection of a claim enforceable against exempt property under AS 09.38.065 , the creditor may obtain a levy on an individual's property of a kind listed in AS 09.38.020 only by complying with this section. Before levy, the creditor shall file with the court out of which the process issues (1) an affidavit stating that the creditor has reason to believe the individual has property of a kind listed in AS 09.38.020 that is not exempt, identifying the property, setting out facts constituting the basis for believing the property is not exempt; and

(2) a request for an order by the court notifying the individual (A) of the creditor's claim of a right to levy on the property identified as nonexempt;

(B) of the individual's right to contest the creditor's claim of a right to levy by filing with the clerk of the court, on or before a date fixed by the court, but not exceeding 15 days after the issuance of the order, a written objection to the proposed levy and a statement of the grounds for the objection and of the right to describe the property in lieu of setting its value;

(C) of the possible consequences of failure to respond to the notice as provided in (c) of this section; and

(D) of the information required by AS 09.38.085 (a).

(b) Notice of an order issued in accordance with a request under (a) of this section, together with the creditor's affidavit, shall be served on the individual. The order shall restrain the individual from removing, encumbering, damaging, or disposing of any property of the kind listed in AS 09.38.020 for 30 days after receipt of the order, unless the court reduces, extends, or otherwise modifies the restraining order during the 30-day period.

(c) If exemption of property identified in a notice served on an individual under (b) of this section depends on its value, the individual may describe the property in the responsive statement and indicate the amount of any indebtedness chargeable against it. If the individual, within the time allowed by the order of the court, fails to respond to a notice served under (b) of this section that the creditor believes the debtor has nonexempt property of a kind listed under AS 09.38.020 , the court may order the individual to appear and disclose the description, location, and value of the individual's property. If the individual fails to appear and disclose the information specified in the order, the individual waives objection to the creditor's levy on property of that kind.

(d) Except to the extent the procedure is prescribed by this section, AS 09.38.080 (e) governs a proceeding for the determination of a contest in respect to a claim to exemption of property under AS 09.38.020 .

(e) Costs incurred in making, or proposing to make, a levy on property of a kind listed in AS 09.38.020 shall be paid out of the proceeds of a sale of property of that kind. If the proceeds of a sale of the property are insufficient to cover the costs incurred in proceedings commenced under this section, the creditor shall pay the costs and may not recover them from the individual, notwithstanding any agreement of the parties to the contrary.

(f) The burden of proving the validity of an exemption by a preponderance of the evidence is upon the individual claiming the exemption.
Alaska Stat. § 09.40.250 — AK Code / Title 9 / Chapter 09.40 / Section 09.40.250
Oath and undertaking of receiver.
Status: in_force

Before entering upon any duties, a receiver shall be sworn to perform them faithfully, and shall file with the clerk of court an undertaking with one or more sufficient sureties in the sum the court may direct to the effect that the receiver will faithfully discharge the duties of receiver and obey the orders of the court.
Alaska Stat. § 09.55.010 — AK Code / Title 9 / Chapter 09.55 / Section 09.55.010
Jurisdiction in action for change of name; notice.
Status: in_force

(a) A person may bring an action for change of name in the superior court. A change of name of a person may not be made unless the court finds sufficient reasons for the change and also finds it consistent with the public interest. A change of name upon marriage, dissolution, or divorce meets these requirements.

(b) A person seeking a change of name under this section shall notify the court if the person is (1) committed to the custody of the Department of Corrections, on probation under AS 33.05 , or on parole under AS 33.16 ; a person subject to this paragraph shall provide proof satisfactory to the court that notice of the petition has been provided to the person's assigned probation or parole officer;

(2) required to register as a sex offender under AS 12.63 ; a person subject to this paragraph shall provide proof satisfactory to the court that notice of the petition has been provided by the Department of Public Safety; or

(3) charged with an offense; a person subject to this paragraph shall provide the court with the case number associated with the offense.

(c) In addition to the requirements provided under (a) of this section, a court may not grant a change of name of a person subject to (b) of this section unless the court finds that the change (1) does not have a fradulent purpose;

(2) is not intended to hinder or obstruct law enforcement purposes; and

(3) would not interfere with the rights of others.

Article 2. Declaration of Death.
Alaska Stat. § 09.50.170 — AK Code / Title 9 / Chapter 09.50 / Section 09.50.170
Abatement of places used for certain acts.
Status: in_force

(a) A person who erects, establishes, continues, maintains, uses, owns, or leases a building, structure, or other place used for one of the following activities is guilty of maintaining a nuisance, and the building, structure, or place, or the ground itself in or upon which or in any part of which the activity is conducted, permitted, carried on, continues, or exists, and its furniture, fixtures, and other contents, constitute a nuisance and may be enjoined and abated: (1) prostitution;

(2) an illegal activity involving a place of prostitution; or

(3) an illegal activity involving (A) alcoholic beverages;

(B) a controlled substance;

(C) an imitation controlled substance; or

(D) gambling or promoting gambling.

(b) In this section, illegal activity involving alcoholic beverages, illegal activity involving a controlled substance, illegal activity involving gambling or promoting gambling, illegal activity involving an imitation controlled substance, illegal activity involving a place of prostitution, and prostitution have the meanings given in AS 34.03.360 .
Alaska Stat. § 09.65.350 — AK Code / Title 9 / Chapter 09.65 / Section 09.65.350
Immunity for certain actions related to transportation network companies.
Status: in_force

(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 driver to comply with the requirements of AS 28.23 or other law.

(b) In this section, transportation network company and driver have the meanings given in AS 28.23.180 .
Alaska Stat. § 09.45.240 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.240
Manner of abatement.
Status: in_force

If judgment is in favor of the plaintiff, an order may issue at any time within six months of the date of the judgment at plaintiff's request directing the issuance of a warrant to a peace officer to abate the nuisance. The expense of abating the nuisance is a part of the judgment and may be enforced by execution against the property of the defendant.
Alaska Stat. § 09.25.051 — AK Code / Title 9 / Chapter 09.25 / Section 09.25.051
Admissibility of DNA profiles.
Status: in_force

(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 acceptance in the relevant scientific community of DNA profile evidence.

(b) In this section, (1) deoxyribonucleic acid means the molecules in all cellular forms that contain genetic information in a patterned chemical structure for each individual;

(2) DNA profile (A) means an analysis of blood, semen, tissue, or other cells bearing deoxyribonucleic acid resulting in the identification of the individual's patterned chemical structure of genetic information;

(B) includes statistical population frequency comparisons of the patterned chemical structures described in (A) of this paragraph.
Alaska Stat. § 09.63.070 — AK Code / Title 9 / Chapter 09.63 / Section 09.63.070
Certificate of person taking acknowledgment.
Status: in_force

The person taking an acknowledgment shall certify that (1) the person acknowledging appeared before the person taking the acknowledgment and acknowledged that the person executed the instrument; and

(2) the person acknowledging was known to the person taking the acknowledgment or the person taking the acknowledgment had satisfactory evidence that the person acknowledging was the person described in and who executed the instrument.
Alaska Stat. § 09.45.164 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.164
Request for release of nonconsensual common law lien.
Status: in_force

(a) A person whose real or personal property is subject to a claim of nonconsensual common law lien that has been recorded or filed may submit to a court of competent jurisdiction a request that the court order the release of the claim of the nonconsensual common law lien. The request must state the grounds upon which relief is sought and must be supported by the affidavit of the person making the request or that person's attorney setting out a concise statement of the facts upon which the request is based.

(b) If facts alleging the need for an expedited decision are averred, the request may ask the court to order the person claiming the nonconsensual common law lien to appear at a hearing within 20 days of the service of the request and order on the lien claimant. The order may be granted ex parte and shall state that, if the lien claimant fails to appear at the time and place specified, the claim of nonconsensual common law lien shall be released, and the lien claimant shall be ordered to pay the costs and actual reasonable attorney fees incurred by the party making the request.

(c) If the court determines that the claim of nonconsensual common law lien is invalid, the court shall issue an order releasing the claim of lien and awarding costs and actual reasonable attorney fees to the party making the request. If the court determines that the claim of nonconsensual common law lien is valid, the court shall issue an order stating the claim of the lien is valid and shall award costs and actual reasonable attorney fees to the lien claimant.
Alaska Stat. § 09.43.330 — AK Code / Title 9 / Chapter 09.43 / Section 09.43.330
Validity of agreement to arbitrate.
Status: in_force

(a) An agreement contained in a record to submit to arbitration an existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract, and except as provided by (b) of this section.

(b) To the extent an agreement that contains an arbitration provision is invalidated on the grounds that a party was induced into entering into the agreement by fraud, the arbitration provision in the agreement is not enforceable, and the party is not required to prove that the party was induced into entering into the arbitration provision by fraud.

(c) The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.

(d) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled.

(e) If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.
Alaska Stat. § 09.45.490 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.490
Protection of unknown tenants.
Status: in_force

If the persons entitled to the estate for life or years are unknown, the court shall provide for the protection of their rights in a similar manner, as far as possible, as if they were known and had appeared.
Alaska Stat. § 09.45.710 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.710
Possession when new trial granted.
Status: in_force

If the judgment is set aside and a new trial granted as provided in AS 09.45.700 , after the plaintiff has taken possession of the property, the plaintiff shall remain in possession. But if judgment is given for the defendant in the new trial, the defendant is entitled to restitution by execution as if the defendant were plaintiff.
Alaska Stat. § 09.45.460 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.460
Compensation for sale of estate for life or years.
Status: in_force

A person entitled to an estate for life or years in an undivided part of the property, whose estate has been sold, is entitled to receive a sum as reasonable satisfaction for the estate, the sum being based on principles of law applicable to annuities. The person so entitled shall consent to accept the sum for the person's estate by an instrument duly acknowledged or proved in the same manner as deeds for the purpose of record and filed with the clerk of court.
Alaska Stat. § 09.55.450 — AK Code / Title 9 / Chapter 09.55 / Section 09.55.450
Right of entry and possession.
Status: in_force

(a) Upon the filing of the declaration of taking and the deposit of the estimated compensation, the court may, upon motion, fix the time during which and the terms upon which the parties in possession are required to surrender possession to the petitioner. However, the right of entry may not be granted the plaintiff until after the running of the time for the defendant to file an objection to the declaration of taking or until after the hearing on any objection to the declaration of taking if the objection is made in the time allowed by law. Where the party in possession withdraws any part of the award and remains in possession, the court may fix a reasonable rental for the premises to be paid by that party to the plaintiff during such possession.

(b) The court may direct the payment of delinquent taxes and special assessments out of the amount determined to be just compensation, and make orders with respect to encumbrances, liens, rents, insurance, and other charges as are just and equitable.

(c) The right to take possession and title in advance of final judgment where a declaration of taking is filed is in addition to any other rights to take possession provided in AS 09.55.240  09.55.460.
Alaska Stat. § 09.63.030 — AK Code / Title 9 / Chapter 09.63 / Section 09.63.030
Notarization.
Status: in_force

(a) When a document is required by law to be notarized, the person who executes the document shall sign and swear to or affirm it before an officer authorized by law to take the person's oath or affirmation and the officer shall certify on the document that it was signed and sworn to or affirmed before the officer.

(b) The certificate required by this section may be in substantially the following form: Subscribed and sworn to or affirmed before me at ______ on ____________________________________________________________________________________________________________________ (c) If the document is sworn to or affirmed before a notary public of the state, the notary public shall

(1) affix on the document the (A) notary public's official signature and official seal; and

(B) date of expiration of the notary public's commission; and

(2) comply with AS 44.50.060  44.50.065 and other applicable law.
Alaska Stat. § 09.25.060 — AK Code / Title 9 / Chapter 09.25 / Section 09.25.060
Fraud presumed from retention of possession.
Status: in_force

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 purchasers in good faith and for a valuable consideration during the time the property remains in the possession of the vendor or assignor, except that retention of possession in good faith and current course of trade by a merchant seller for a commercially reasonable time after a sale or identification is not fraudulent, and nothing contained in this section shall supersede the provisions of AS 45.01  AS 45.08 , AS 45.12 , AS 45.14 , and AS 45.29 (Uniform Commercial Code).
Alaska Stat. § 09.45.892 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.892
Noncompliance assertion prohibited.
Status: in_force

Unless there is good cause for the failure, a construction professional may not assert that the claimant did not comply with AS 09.45.881  09.45.899 if the construction professional fails to respond in good faith to the claimant's notice of claim made under AS 09.45.881 .
Alaska Stat. § 09.43.150 — AK Code / Title 9 / Chapter 09.43 / Section 09.43.150
Applications to court.
Status: in_force

An application to the court under AS 09.43.010  09.43.180 shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action.
Alaska Stat. § 09.58.110 — AK Code / Title 9 / Chapter 09.58 / Section 09.58.110
Short title.
Status: in_force

This chapter may be cited as the Alaska Medical Assistance False Claim and Reporting Act.
Alaska Stat. § 09.45.040 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.040
Oaths and report of referees.
Status: in_force

Before entering upon the discharge of their duties, the referees shall file a written oath to faithfully and impartially perform their duties. After designating the boundary lines by proper marks, they shall file with the court a report describing the location of the marks.
Alaska Stat. § 09.65.161 — AK Code / Title 9 / Chapter 09.65 / Section 09.65.161
Immunity for disclosure of required health care data.
Status: in_force

A person who reports health care data required to be reported under AS 18.05 and regulations adopted under that chapter for conditions or diseases of public health importance may not be held liable for the disclosure to the Department of Health or for the use of the data by the department.
Alaska Stat. § 09.65.160 — AK Code / Title 9 / Chapter 09.65 / Section 09.65.160
Immunity for good faith disclosures of job performance information.
Status: in_force

An employer who discloses information about the job performance of an employee or former employee to a prospective employer of the employee or former employee at the request of the prospective employer or the employee or former employee is presumed to be acting in good faith and, unless lack of good faith is shown by a preponderance of the evidence, may not be held liable for the disclosure or its consequences. For purposes of this section, the presumption of good faith is rebutted upon a showing that the employer or former employer (1) recklessly, knowingly, or with a malicious purpose disclosed false or deliberately misleading information; or

(2) disclosed information in violation of a civil right of the employee or former employee that is protected under AS 18.80 or under comparable federal law.
Alaska Stat. § 09.40.240 — AK Code / Title 9 / Chapter 09.40 / Section 09.40.240
Appointment of receivers.
Status: in_force

A receiver may be appointed by the court in any action or proceeding except an action for the recovery of specific personal property (1) provisionally, before judgment, on the application of either party, when the party's right to the property that is the subject of the action or proceeding and that is in the possession of an adverse party is probable, and where it is shown that the property or its rents or profits are in danger of being lost or materially injured or impaired;

(2) after judgment, to carry the judgment into effect;

(3) after judgment, to dispose of the property according to the judgment or to preserve it during the pendency of an appeal, or when an execution has been returned unsatisfied and the debtor refuses to apply the debtor's property in satisfaction of the judgment;

(4) in the cases when a corporation has been dissolved, or is insolvent or in imminent danger of insolvency, or has forfeited its corporate rights;

(5) in the cases when a debtor has been declared insolvent;

(6) under AS 32.06.504 (a).
Alaska Stat. § 09.40.290 — AK Code / Title 9 / Chapter 09.40 / Section 09.40.290
Property concealed in building or enclosure, demand and entry to effect seizure.
Status: in_force

If the property or any part of it is concealed in a building or enclosure, the peace officer shall publicly demand its delivery. If it is not delivered, the peace officer shall cause the building or enclosure to be broken open and take the property into possession.
Alaska Stat. § 09.45.930 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.930
Rights of unknown heirs and parties served by publication.
Status: in_force

All the unknown heirs of deceased persons and all the unknown persons or parties served by publication as provided in AS 09.45.920 have the same rights as are provided by law in the case of all other defendants upon whom service is made by publication, and the action shall proceed against the unknown heirs or unknown persons or parties in the same manner as against defendants who are named and upon whom service is made by publication, and with the same effect. The unknown heirs or unknown persons or parties who have or claim an interest, right, estate, or lien in the said real property in controversy at the time of the commencement of the action and who are served as aforesaid shall be bound and concluded by the judgment or decree in the action as effectually as if the action was brought against the defendant by name and constructive service of summons obtained.
Alaska Stat. § 09.05.010 — AK Code / Title 9 / Chapter 09.05 / Section 09.05.010
Jurisdiction of action.
Status: in_force

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 equivalent to personal service of a copy of the summons and complaint upon the defendant.
Alaska Stat. § 09.45.835 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.835
Answer.
Status: in_force

(a) An answer to the complaint must be served within 90 days after the first publication of the notice, or such further time not exceeding 30 days, as the court for good cause may grant.

(b) An answer must (1) specifically set out the particulars in which the claimant's estate, right, title, or interest in or to, or lien upon all or any part of the property is different from, or greater than, the interest of the claimant as it is described in the complaint;

(2) be confined to rights based on events occurring at the time of, or since the time of the act of God, consisting of the earthslide.

(c) To whatever extent, if at all, the answering party has rights against anyone whatsoever, based upon facts or events that occurred before the earthslide, the claims shall remain unaffected by the action brought under AS 09.45.800  09.45.880 and shall be assertable subsequent to the conclusion of the action at any time and in any manner permitted by law, notwithstanding the judgment granted in this action, recognizing however the finality of this judgment as to the consequences, with respect to land boundaries, of the earthslide.
Alaska Stat. § 09.43.050 — AK Code / Title 9 / Chapter 09.43 / Section 09.43.050
Hearing.
Status: in_force

Unless otherwise provided by the agreement, (1) the arbitrators shall set a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than five days before the hearing; appearance at the hearing waives the notice; the arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause or upon their own motion, may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date; the arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a properly notified party to appear;

(2) the parties are entitled to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing;

(3) the hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award; if, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals shall continue with the hearing and determination of the controversy.
Alaska Stat. § 09.65.092 — AK Code / Title 9 / Chapter 09.65 / Section 09.65.092
Civil liability for voluntary aircraft safety inspection.
Status: in_force

An aircraft or power plant technician or mechanic certified by the Federal Aviation Administration who participates without compensation in a voluntary aircraft safety inspection program is not liable for civil damage resulting from an act or omission arising out of an aircraft safety inspection in that program unless the act or omission constitutes gross negligence or reckless or intentional misconduct.
Alaska Stat. § 09.45.885 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.885
Consequence of accepting inspection offer.
Status: in_force

If a claimant elects to allow the construction professional to make an inspection under AS 09.45.882 (b)(1), the claimant shall provide the construction professional and its contractors or other agents reasonable access to the claimant's dwelling during normal working hours to inspect the dwelling and the alleged defect to determine the nature and cause of the alleged defect and the nature and extent of any repairs necessary to repair the alleged defect.
Alaska Stat. § 09.45.158 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.158
Action by nonprofit housing corporation.
Status: in_force

A nonprofit housing corporation may designate an officer or employee of the corporation who is not an attorney to commence and maintain an action under AS 09.45.060  09.45.160 on behalf of the corporation against a tenant or person in possession. When, under this section, a nonprofit corporation appears by an officer or employee of the corporation who is not an attorney, the written proceedings shall be in the name of the person representing the corporation and that person is the sole representative of the corporation as between the corporation and the adverse party.
Alaska Stat. § 09.45.660 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.660
Order for survey and measurement of property.
Status: in_force

The court in which the action is pending may allow a party and the party's surveyors to go on the property to make a survey for the purposes of the action.
Alaska Stat. § 09.80.040 — AK Code / Title 9 / Chapter 09.80 / Section 09.80.040
Legal recognition of electronic records, electronic signatures, and electronic contracts.
Status: in_force

(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 in writing, an electronic record satisfies the law.

(d) If a law requires a signature, an electronic signature satisfies the law.
Alaska Stat. § 09.38.120 — AK Code / Title 9 / Chapter 09.38 / Section 09.38.120
Protection of property of residents and nonresidents.
Status: in_force

(a) Residents of this state are entitled to the exemptions provided under this chapter. Nonresidents are entitled to the exemptions provided by the law of the jurisdiction of their residence.

(b) The term resident means an individual who is physically present in the state and who intends to maintain a permanent home in the state.
Alaska Stat. § 09.50.200 — AK Code / Title 9 / Chapter 09.50 / Section 09.50.200
Contempt proceeding.
Status: in_force

If an injunction granted under the provisions of AS 09.50.170  09.50.240 is violated, the court may summarily try and punish the offender. A party found guilty of contempt under the provisions of AS 09.50.170  09.50.240 is punishable by a fine of not more than $1,000, or by imprisonment for not less than three months nor more than six months, or by both.
Alaska Stat. § 09.45.730 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.730
Trespass by cutting or injuring trees or shrubs.
Status: in_force

A person who without lawful authority cuts down, girdles, or otherwise injures or removes a tree, timber, or a shrub on (1) the land of another person or on the street or highway in front of a person's house, or (2) a village or municipal lot, or cultivated grounds, or the commons or public land of a village or municipality, or (3) the street or highway in front of land described in (2) of this section, is liable to the owner of that land, or to the village or municipality for treble the amount of damages that may be assessed in a civil action. However, if the trespass was unintentional or involuntary, or the defendant had probable cause to believe that the land on which the trespass was committed was the defendant's own or that of the person in whose service or by whose direction the act was done, or where the timber was taken from unenclosed woodland for the purpose of repairing a public highway or bridge on or adjoining the land, only actual damages may be recovered.
Alaska Stat. § 09.19.030 — AK Code / Title 9 / Chapter 09.19 / Section 09.19.030
Stay in prisoner disciplinary appeals.
Status: in_force

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 alleged a violation of a fundamental constitutional right and is likely to succeed on the merits in the appeal, that the prisoner faces irreparable harm if a stay is not granted, that the Department of Corrections can be adequately protected if a stay is granted, and that a stay will not adversely affect the public interest in effective penal administration.
Alaska Stat. § 09.05.040 — AK Code / Title 9 / Chapter 09.05 / Section 09.05.040
Service of process on resident who leaves state after accident.
Status: in_force

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 treated as a nonresident for service of process as provided under AS 09.05.020 and 09.05.030.
Alaska Stat. § 09.10.140 — AK Code / Title 9 / Chapter 09.10 / Section 09.10.140
Disabilities of minority and incompetency.
Status: in_force

(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 disability identified in (1) or (2) of this subsection is not a part of the time limit for the commencement of the action. Except as provided in (b) of this section, the period within which the action may be brought is not extended in any case longer than two years after the disability ceases.

(b) An action based on a claim of sexual abuse under AS 09.55.650 that is subject to AS 09.10.065 (b) may be brought more than three years after the plaintiff reaches the age of majority if it is brought under the following circumstances: (1) if the claim asserts that the defendant committed one act of sexual abuse on the plaintiff, the plaintiff shall commence the action within three years after the plaintiff discovered or through use of reasonable diligence should have discovered that the act caused the injury or condition;

(2) if the claim asserts that the defendant committed more than one act of sexual abuse on the plaintiff, the plaintiff shall commence the action within three years after the plaintiff discovered or through use of reasonable diligence should have discovered the effect of the injury or condition attributable to the series of acts; a claim based on an assertion of more than one act of sexual abuse is not limited to plaintiff's first discovery of the relationship between any one of those acts and the injury or condition, but may be based on plaintiff's discovery of the effect of the series of acts.

(c) In an action for personal injury of a person who was under the age of eight years at the time of the injury, the time period before the person's eighth birthday is not a part of the time limit imposed under AS 09.10.070 (a) for commencing the civil action.
Alaska Stat. § 09.40.070 — AK Code / Title 9 / Chapter 09.40 / Section 09.40.070
Sale of perishable property.
Status: in_force

If any of the property attached is perishable, the peace officer shall sell the property in the manner in which property is sold on execution. The proceeds and other property attached shall be retained by the officer to answer a judgment that may be recovered in the action unless sooner subjected to execution upon another judgment recovered previous to the levy of attachment.
Alaska Stat. § 09.38.500 — AK Code / Title 9 / Chapter 09.38 / Section 09.38.500
Definitions.
Status: in_force

In this chapter, unless the context otherwise requires, (1) burial plot means a parcel of real estate that is used for burial of human remains and that is located within an area designated for cemetery purposes by the state or a municipality;

(2) creditor includes the state on behalf of a victim of a crime or a delinquent act;

(3) debt means a legally enforceable monetary obligation or liability of an individual, whether arising out of contract, tort, or otherwise;

(4) dependent means an individual who derives support primarily from another individual;

(5) earnings means money received by an individual for personal services and denominated as wages, salary, commissions, or otherwise;

(6) exempt means protected, and exemption means protection, from subjection to process or a proceeding to collect an unsecured debt;

(7) household goods includes those items that make a residence habitable according to modern standards;

(8) judgment of restitution (A) includes restitution ordered (i) under AS 47.12.120 that is considered as a civil judgment enforceable by execution under AS 47.12.170 ; and

(ii) as part of a sentence under AS 12.55.025 (f) that is considered as a judgment for money entered in a civil action;

(B) does not include a judgment for (i) civil damages for torts under state law; or

(ii) restitution as a result of a violation of state law that is not a felony or misdemeanor;

(9) judicial lien means a lien on property obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding instituted for the purpose of collecting an unsecured debt;

(10) levy means the seizure of property under a writ of attachment, garnishment, execution, or any similar legal or equitable process issued for the purpose of collecting an unsecured debt;

(11) lien means (A) a security interest;

(B) a judicial or statutory lien;

(C) a common law lien on property (i) only if the lien was consented to by the owner of the property affected; or

(ii) if not consented to by the owner of the property affected as provided in (i) of this subparagraph, only when the lien is accompanied by a specific order authorizing the recording or filing of the lien issued by a court of competent jurisdiction recognized under state or federal law, which order shall be recorded or filed with the lien; or

(D) any interest in property other than one described in (A)  (C) of this paragraph securing payment of a debt or performance of an obligation;

(12) principal residence means the actual dwelling place of an individual or dependents of the individual and includes real and personal property;

(13) security interest means an interest in property created by contract to secure payment or performance of an obligation;

(14) serve notice means to give the person to be served a written personal notice in the same manner a summons in a civil action is served, or to mail the notice to the person's last known address by first-class mail and by using a form of mail requiring a signed receipt;

(15) statutory lien means a lien arising by force of a statute under specified circumstances or conditions, but does not include a security interest;

(16) value means fair market value of an individual's interest in property, exclusive of liens of record;

(17) victim has the meaning given in AS 12.55.185 ;

(18) victim of a crime or a delinquent act means a victim of a crime or a delinquent act committed in violation of state law; victim of a crime or a delinquent act does not include a victim of a violator of an ordinance of a political subdivision of the state;

(19) wearing apparel means clothing and garments intended and adapted to be worn on the person to protect the person against the elements or to provide personal comfort or decency, or serving to ornament the person but does not include jewelry.
Alaska Stat. § 09.55.266 — AK Code / Title 9 / Chapter 09.55 / Section 09.55.266
Existing rights not affected.
Status: in_force

AS 09.55.265 may not be construed to divest the state of, or to require compensation by the state for, any right-of-way or other interest in real property that was taken by the state, before April 14, 1966, by the election or exercise of its right to take property through a reservation acquired under the Act of June 30, 1932, ch. 320, § 5, as added July 24, 1947, ch. 313, 61 Stat. 418.
Alaska Stat. § 09.43.170 — AK Code / Title 9 / Chapter 09.43 / Section 09.43.170
Court, jurisdiction.
Status: in_force

In AS 09.43.010  09.43.180, the term court means the court with jurisdiction in this state. The making of an agreement described in AS 09.43.010 providing for arbitration in this state confers jurisdiction on the court to enforce the agreement under AS 09.43.010  09.43.180 and to enter judgment on an award under the agreement.
Alaska Stat. § 09.40.110 — AK Code / Title 9 / Chapter 09.40 / Section 09.40.110
Delivery of property to defendant and redelivery bond.
Status: in_force

The peace officer may deliver any of the property attached to the defendant, or to a person claiming it, upon the giving of a written undertaking for the property executed by one or more sufficient sureties, engaging to redeliver it or pay the value of the property to the peace officer to whom execution upon a judgment obtained by the plaintiff in that action may be issued.
Alaska Stat. § 09.20.080 — AK Code / Title 9 / Chapter 09.20 / Section 09.20.080
Jury panel.
Status: in_force

(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 exhausted, the court shall order the clerk to complete the panel or to secure additional jurors by drawing names from the jury box or by obtaining names from the randomly generated computer list.

(b) If the list of prospective jurors for a court location does not produce sufficient names for a jury panel of minimum size, the administrative director of the Alaska Court System may authorize that additional names of prospective jurors be randomly selected from sources other than those listed in AS 09.20.050 .
Alaska Stat. § 09.10.240 — AK Code / Title 9 / Chapter 09.10 / Section 09.10.240
Commencement of action after dismissal or reversal.
Status: in_force

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 may commence a new action upon the cause of action within one year after the dismissal or reversal on appeal. All defenses available against the action, if brought within the time limited, are available against the action when brought under this provision.
Alaska Stat. § 09.30.310 — AK Code / Title 9 / Chapter 09.30 / Section 09.30.310
Recordation of acknowledgment of satisfaction.
Status: in_force

If a certified copy of the judgment has been recorded with the recorder of any recording district, as provided in AS 09.30.010 , then the acknowledgment required under AS 09.30.300 must identify the book and page of the official record in which the judgment has been recorded or the serial number assigned to the judgment by the recorder and show the full name of the judgment debtor as it appears upon the judgment recorded.
Alaska Stat. § 09.10.060 — AK Code / Title 9 / Chapter 09.10 / Section 09.10.060
Actions for certain statutory penalties to be brought in three years.
Status: reserved

(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 prescribes a different limitation.

(c) [Renumbered as AS 09.10.065 .]
Alaska Stat. § 09.43.510 — AK Code / Title 9 / Chapter 09.43 / Section 09.43.510
Modification or correction of award.
Status: in_force

(a) On application made within 90 days after the applicant receives notice of the award under AS 09.43.460 or within 90 days after the applicant receives notice of a modified or corrected award under AS 09.43.470 , the court shall modify or correct the award if (1) there was an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property referred to in the award;

(2) the arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision on the claims submitted; or

(3) the award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.

(b) If an application made under (a) of this section is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, unless an application to vacate is pending, the court shall confirm the award.

(c) An application to modify or correct an award under this section may be joined with an application to vacate the award.
Alaska Stat. § 09.55.556 — AK Code / Title 9 / Chapter 09.55 / Section 09.55.556
Informed consent.
Status: in_force

(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 or procedure, and that but for that failure the claimant would not have consented to the proposed treatment or procedure.

(b) It is a defense to any action for medical malpractice based upon an alleged failure to obtain informed consent that (1) the risk not disclosed is too commonly known or is too remote to require disclosure;

(2) the patient stated to the health care provider that the patient would undergo the treatment or procedure regardless of the risk involved or that the patient did not want to be informed of the matters to which the patient would be entitled to be informed;

(3) under the circumstances consent by or on behalf of the patient was not possible; or

(4) the health care provider after considering all of the attendant facts and circumstances used reasonable discretion as to the manner and extent that the alternatives or risks were disclosed to the patient because the health care provider reasonably believed that a full disclosure would have a substantially adverse effect on the patient's condition.
Alaska Stat. § 09.40.150 — AK Code / Title 9 / Chapter 09.40 / Section 09.40.150
Undertaking by plaintiff.
Status: in_force

Before making the order, the judge shall require an undertaking on the part of the plaintiff, with one or more sufficient sureties, to the effect that the plaintiff will pay all costs that may be adjudged to the defendant, and all damages that the defendant may sustain by reason of the arrest if the same be wrongful or without sufficient cause, not exceeding the sum specified in the undertaking. The undertaking shall be in a sum to be fixed by the judge, but not less than $300.
Alaska Stat. § 09.43.340 — AK Code / Title 9 / Chapter 09.43 / Section 09.43.340
Application to compel arbitration; stay of related proceedings.
Status: in_force

(a) On application of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate under the agreement, (1) if the refusing party does not appear or does not oppose the application, the court shall order the parties to arbitrate; and

(2) if the refusing party opposes the application, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.

(b) On application of a person alleging that an arbitration proceeding has been initiated or threatened but that there is not an agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, the court shall order the parties to arbitrate.

(c) If the court finds that there is not an enforceable agreement, the court may not, under (a) or (b) of this section, order the parties to arbitrate.

(d) The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or because grounds for the claim have not been established.

(e) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, an application under this section shall be made in that court. Otherwise, an application under this section may be made in any court as provided in AS 09.43.540 .

(f) If a party makes an application to the court to order arbitration, the court shall, on just terms, stay a judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.

(g) If the court orders arbitration, the court shall, on just terms, stay a judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay to that claim.
Alaska Stat. § 09.45.670 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.670
Effect of alienation by person in possession.
Status: in_force

An action for the recovery of the possession of real property against a person in possession cannot be prejudiced by an alienation made by that person either before or after the commencement of the action. If the alienation is made after the commencement of the action and the defendant does not satisfy the judgment recovered for damages for withholding the possession, the damages may be recovered by action against the purchaser.
Alaska Stat. § 09.43.020 — AK Code / Title 9 / Chapter 09.43 / Section 09.43.020
Proceedings to compel or stay arbitration.
Status: in_force

(a) On application of a party showing an agreement described in AS 09.43.010 , and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue and if the agreement is found to exist shall order arbitration.

(b) On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. The issue, when in substantial and bona fide dispute, shall be immediately and summarily tried and the stay ordered if no agreement is found to exist. If found for the opposing party, the court shall order the parties to proceed to arbitration.

(c) If an issue subject to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under (a) of this section, the application shall be made in that court. Otherwise the application may be made in any court of competent jurisdiction.

(d) An action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application for the order has been made under this section or, if the issue is severable, the stay may be with respect to the issue only.

(e) An order for arbitration may not be refused on the ground that the claim in issue lacks merit or because a fault or ground for the claims sought to be arbitrated has not been shown.
Alaska Stat. § 09.45.230 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.230
Action based on private nuisance.
Status: in_force

(a) A person may bring a civil action to enjoin or abate a private nuisance. Damages may be awarded in the action.

(b) A person may not maintain an action under this section based upon an air emission or water or solid waste discharge, other than the placement of nuclear waste, where the emission or discharge was expressly authorized by and is not in violation of a term or condition of (1) a statute or regulation;

(2) a license, permit, or order that is (A) issued after public hearing by the state or federal government; and

(B) subject to (i) continuing compliance monitoring;

(ii) periodic review by the issuing agency; or

(iii) renewal on a periodic basis; or

(3) a court order or judgment.

(c) The provisions of (b) of this section do not apply to actions in which the air emission or water or solid waste discharge that is the subject of the action produces a result that was unknown or not reasonably foreseeable at the time of the authorization.

(d) The provisions of (b) of this section remain in effect only as long as both of the following are satisfied: (1) AS 46.03.900 defines pollution as including the contamination or altering of waters, land, or subsurface land of the state in a manner that creates a nuisance; and

(2) AS 46.14.990 defines emission as the release of one or more air pollutants to the atmosphere.

(e) Notwithstanding other provisions of law, except AS 09.50.170  09.50.240 and AS 19.25.080  19.25.180, a person may not bring a civil action to enjoin or abate a private nuisance or to recover damages for a private nuisance unless the action is authorized by this section.

(f) A person who is shielded under (b) of this section from a nuisance action shall indemnify, defend, and hold the state harmless from a claim or court action for inverse condemnation, including damages, costs, and attorney fees, for which the state may become liable because of the air emission or wastewater or solid waste discharge for which the person is shielded by (b) of this section. The state shall immediately tender the defense of the inverse condemnation claim or court action to the person. The provisions of (b) of this section do not apply to shield the person, if the person fails to accept or refuses the tender of the defense. A person who prevails in the defense of the claim or court action for inverse condemnation described under this subsection shall be awarded full reasonable attorney fees and costs.
Alaska Stat. § 09.68.110 — AK Code / Title 9 / Chapter 09.68 / Section 09.68.110
Civil liability for shoplifting.
Status: in_force

(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 penalty equal to the retail value of the merchandise or $1,000, whichever is less; and

(3) a penalty of not less than $100 nor more than $200.

(b) A person having legal custody of an unemancipated minor who shoplifts merchandise is liable in a civil action to the owner or seller of the merchandise for both of the following: (1) a penalty equal to the retail value of the merchandise or $500, whichever is less; and

(2) a penalty of not less than $100 nor more than $200.

(c) It is a condition precedent to maintaining an action under this section that the owner or seller of the merchandise send a notice demanding the relief authorized to the defendant by first class mail at the defendant's last known address 15 days or more before the action is commenced. The Department of Law may adopt regulations prescribing the form of this notice. It is not a condition precedent to maintaining an action under this section that the person who shoplifted merchandise was charged or convicted under any statute or ordinance.

(d) Judgments, but not claims, arising under this section may be assigned.

(e) For purposes of this section, a person shoplifts merchandise if, without authority and with intent to deprive the owner of the merchandise, (1) the person removes the merchandise of a commercial establishment, not purchased by the person, from the premises of the commercial establishment;

(2) the person knowingly conceals on, in, or about the person the merchandise of a commercial establishment, not purchased by the person, while still upon the premises of the commercial establishment; or

(3) the person knowingly substitutes or alters a price ticket in order to pay less than the indicated retail price.

(f) Merchandise found concealed on or about the person which has not been purchased by the person is prima facie evidence of a knowing concealment for purposes of (e)(2) of this section.

(g) The liability of a person for damages and penalties under this section is in addition to liability for an award of reasonable attorney fees that may be made to the prevailing party in a civil action under Rule 82, Alaska Rules of Civil Procedure.

(h) In this section, emancipated minor means a minor whose disabilities have been removed for general purposes under AS 09.55.590 .
Alaska Stat. § 09.45.910 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.910
Service on unknown heirs by publication.
Status: in_force

Upon presenting an affidavit to the court or judge showing to the satisfaction of the court or judge that the heirs of the deceased person are proper parties to the action and that their names and residences cannot with the use of reasonable diligence be ascertained, the court or judge may grant an order that service of the summons in the action may be made on the unknown heirs by publication of the summons in the same manner as in actions against nonresident defendants.
Alaska Stat. § 09.50.210 — AK Code / Title 9 / Chapter 09.50 / Section 09.50.210
Order of abatement.
Status: in_force

(a) If the court finds and enters judgment that a nuisance exists, the court shall enter an order of abatement. The order of abatement must direct (1) termination of the lease or rental agreement, if any, on the premises subject to the order of abatement, if the tenant who occupies under the lease or rental agreement has been given notice of the proceedings under AS 09.50.170  09.50.240;

(2) the removal from the building or place of the fixtures, furniture, and movable property used in the nuisance and their sale in the manner provided for the sale of chattels under execution;

(3) the closing of the building or place against its use for any purpose for a period of one year unless sooner released.

(b) A person who breaks and enters or uses a building, structure, or other place directed to be closed by an order entered under (a)(3) of this section is guilty of contempt and shall be punished for contempt as provided in AS 09.50.200 .
Alaska Stat. § 09.38.070 — AK Code / Title 9 / Chapter 09.38 / Section 09.38.070
Limitation on enforcement of certain security interests in exempt goods.
Status: in_force

(a) This section applies to a security interest, except a purchase-money security interest, or a security interest in a motor vehicle, in an item of goods (1) possessed by an individual, (2) being used by that individual or a dependent, and (3) exempt under AS 09.38.020 (a)  (d).

(b) Unless the individual, after receiving written notice of the individual's rights under this section, voluntarily surrenders to the secured creditor possession of an item of goods to which this section applies, the creditor may not take possession of the item or otherwise enforce the security interest according to its terms without an order or process of court.

(c) The court may order or authorize process respecting any item of goods to which this section applies only after a hearing, upon notice to the individual of the hearing and of the individual's rights at it. The notice shall be as directed by the court. The order or authorization may prescribe appropriate conditions as to payments upon the debt secured or otherwise. The court may not order or authorize process respecting the item if it finds upon the hearing both that the individual lacks the means to pay all or part of the debt secured and that continued possession or use of the item is necessary to avoid undue hardship for the individual or a dependent.

(d) The court, upon application of the creditor or the individual and notice to the other and after a hearing and finding of changed circumstances, may vacate or modify an order or authorization under this section.
Alaska Stat. § 09.63.120 — AK Code / Title 9 / Chapter 09.63 / Section 09.63.120
Definition.
Status: in_force

In AS 09.63.010  09.63.130, notarial acts means acts that the laws and regulations of the state authorize notaries public of the state to perform, including the administering of oaths and affirmations, taking proof of execution and acknowledgment of instruments, and attesting documents.
Alaska Stat. § 09.30.180 — AK Code / Title 9 / Chapter 09.30 / Section 09.30.180
Short title.
Status: in_force

AS 09.30.100  09.30.180 may be cited as the Uniform Foreign Money-Judgments Recognition Act.
Alaska Stat. § 09.35.210 — AK Code / Title 9 / Chapter 09.35 / Section 09.35.210
Absolute sales and right of redemption.
Status: in_force

Sales of real property, when the estate is less than a leasehold of two years unexpired term, are absolute. In all other cases, the real property or interest in real property is subject to redemption. The person conducting the sale shall give to the purchaser a certificate of the sale that indicates the date of the judgment under which the sale was made and contains (1) a particular description of the real property sold;

(2) the price bid for each distinct lot or parcel;

(3) the whole price paid; and

(4) whether or not the property is subject to redemption.
Alaska Stat. § 09.43.320 — AK Code / Title 9 / Chapter 09.43 / Section 09.43.320
Application for judicial relief.
Status: in_force

Except as otherwise provided in AS 09.43.550 , an application for judicial relief under AS 09.43.300  09.43.595 shall be made and heard in the manner provided by the court rules of this state.
Alaska Stat. § 09.65.094 — AK Code / Title 9 / Chapter 09.65 / Section 09.65.094
Liability for inspection, installation, or adjustment of a child safety seat.
Status: in_force

(a) Except as provided in (b) of this section, a person other than a manufacturer of child safety seats or an agent or employee of a manufacturer of child safety seats is not liable for civil damages as a result of an act or omission that occurs in the inspection, installation, or adjustment of a child safety seat or in providing education regarding the installation or adjustment of a child safety seat if (1) the person (A) has successfully completed the National Child Passenger Safety Certification Training Program and maintains a current child passenger safety technician or technician instructor certification issued under that program;

(B) offers or arranges a nonprofit child safety seat educational program, checkup event, or checking station program for the public with instruction by certified child passenger safety technicians or technician instructors; or

(C) owns property where a nonprofit child safety seat educational program, checkup event, or checking station program for the public occurs with instruction by certified child passenger safety technicians or technician instructors; and

(2) the services are provided (A) without a fee, other than for the reimbursement of actual expenses;

(B) in good faith; and

(C) within the scope of training for which the person is currently certified.

(b) This section does not apply to a civil action (1) for damages resulting from gross negligence or wilful or wanton misconduct; or

(2) where the inspection, installation, or adjustment of a child safety seat, or education provided regarding the inspection, installation, or adjustment of a child safety seat, is performed in conjunction with the for-profit sale of a child safety seat.
Alaska Stat. § 09.43.350 — AK Code / Title 9 / Chapter 09.43 / Section 09.43.350
Provisional remedies.
Status: in_force

(a) Before an arbitrator is appointed and is authorized and able to act, the court, upon application of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action.

(b) After an arbitrator is appointed and is authorized and able to act, (1) the arbitrator may issue the orders for provisional remedies, including interim awards, that the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action; and

(2) a party to an arbitration proceeding may apply to the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy.

(c) A party does not waive a right of arbitration by making an application under (a) or (b) of this section.
Alaska Stat. § 09.35.110 — AK Code / Title 9 / Chapter 09.35 / Section 09.35.110
Execution procedure.
Status: in_force

All property shall be levied upon or released from levy in the manner that similar property is attached or released from attachment, and the proceedings against the garnishee and the liability of the garnishee are the same. Until a levy, property is not affected by the execution. Any excess in proceeds over the judgment and costs shall be returned to the judgment debtor.
Alaska Stat. § 09.15.010 — AK Code / Title 9 / Chapter 09.15 / Section 09.15.010
Parents or guardian may sue for injuries or death to child.
Status: in_force

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.
Alaska Stat. § 09.30.220 — AK Code / Title 9 / Chapter 09.30 / Section 09.30.220
Stay.
Status: in_force

(a) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.

(b) If the judgment debtor shows the court any ground upon which enforcement of a judgment of the court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment that is required in this state.
Alaska Stat. § 09.20.010 — AK Code / Title 9 / Chapter 09.20 / Section 09.20.010
Qualification of jurors; interpreters.
Status: in_force

(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.

(b) A person is not disqualified from serving as a juror solely because of the loss of hearing or sight in any degree or a disability that substantially impairs or interferes with the person's mobility.

(c) The court shall provide, and pay the cost of services of, an interpreter or reader when necessary to enable a person with impaired hearing or sight to act as a juror.
Alaska Stat. § 09.25.390 — AK Code / Title 9 / Chapter 09.25 / Section 09.25.390
Definitions for AS 09.25.300  09.25.390.
Status: in_force

In AS 09.25.300  09.25.390, unless the context otherwise requires, (1) news organization means (A) an individual, partnership, corporation, or other association regularly engaged in the business of (i) publishing a newspaper or other periodical that reports news events, is issued at regular intervals, and has a general circulation;

(ii) providing newsreels or other motion picture news for public showing; or

(iii) broadcasting news to the public by wire, radio, television, or facsimile;

(B) a press association or other association of individuals, partnerships, corporations, or other associations described in (A)(i)  (iii) of this paragraph engaged in gathering news and disseminating it to its members for publication;

(2) privilege means the conditional privilege granted to public officials and reporters to refuse to testify as to a source of information;

(3) public official means a person elected to a public office created by the Constitution or laws of this state, whether executive, legislative, or judicial, and who was holding that office at the time of the communication for which privilege is claimed;

(4) reporter means a person regularly engaged in the business of collecting or writing news for publication, or presentation to the public, through a news organization; it includes persons who were reporters at the time of the communication, though not at the time of the claim of privilege.

Article 3. Other Privileges.
Alaska Stat. § 09.55.069 — AK Code / Title 9 / Chapter 09.55 / Section 09.55.069
Compensation and expenses allowed.
Status: in_force

The members of the jury and witnesses in an inquest under AS 09.55.062  09.55.069 are entitled to the same compensation as in civil actions in a district court, and the compensation and other incidental expenses shall be audited and allowed as in the case of other similar expenses.
Alaska Stat. § 09.35.280 — AK Code / Title 9 / Chapter 09.35 / Section 09.35.280
Priority of redemption.
Status: in_force

If more than one person applies to the peace officer at the same time to redeem, the person having the prior lien is entitled to redeem first.
Alaska Stat. § 09.40.190 — AK Code / Title 9 / Chapter 09.40 / Section 09.40.190
Surrender of defendant by bail or in person.
Status: in_force

At any time before failure to comply with the undertaking, the bail may surrender the defendant in their exoneration, or the defendant may surrender to a peace officer of the court where the action is pending.
Alaska Stat. § 09.45.190 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.190
Redemption after foreclosure of lien.
Status: in_force

Property sold upon a judgment of foreclosure may be redeemed in the manner and with the effect as real property sold on an execution issued upon a judgment for the payment of an unsecured debt.
Alaska Stat. § 09.20.090 — AK Code / Title 9 / Chapter 09.20 / Section 09.20.090
Impaneling the trial jury.
Status: in_force

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 jurors shall be examined, challenged, and sworn as provided by rules of the supreme court.
Alaska Stat. § 09.60.040 — AK Code / Title 9 / Chapter 09.60 / Section 09.60.040
Costs where party is a representative.
Status: in_force

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 party represented unless the court orders the costs to be paid by that party personally for mismanagement or bad faith in the conduct of the action.
Alaska Stat. § 09.45.530 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.530
Report of sale.
Status: in_force

After the sale of property ordered to be sold, a report shall be made to the court, with a description of the different parcels of lands sold to each purchaser, the name of the purchaser, the price paid or secured, the terms and conditions of the sale, and any securities taken.
Alaska Stat. § 09.20.160 — AK Code / Title 9 / Chapter 09.20 / Section 09.20.160
Affidavit as prerequisite to officer's liability.
Status: in_force

(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, specifying the same, the place of attendance, and the action or proceeding in which the subpoena was issued; and

(2) has not been served by the person's own procurement with the intention of avoiding an arrest.

(b) The affidavit may be taken by the officer, and exonerates the officer from liability for not making the arrest or for discharging the witness when arrested.
Alaska Stat. § 09.65.315 — AK Code / Title 9 / Chapter 09.65 / Section 09.65.315
Damages resulting from driving the vehicle of a person under the influence of an alcoholic beverage.
Status: in_force

(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 person was driving a vehicle involved in the accident and (1) before the accident, started driving the vehicle involved in the accident from or near licensed premises;

(2) is, at the time of the accident, a person employed in the course and scope of employment to or under contract to drive a taxicab or limousine, a taxicab or limousine owner, a holder of a taxicab or limousine permit issued by a municipality, or an owner or employee of a company that dispatches taxicabs or limousines;

(3) was not under the influence of an alcoholic beverage, inhalant, or controlled substance at the time of the accident;

(4) was driving the vehicle to the motor vehicle owner's residence or designated residential location at the request of the motor vehicle owner or operator or a law enforcement officer; and

(5) was driving the vehicle because the motor vehicle owner or operator was under the influence of an alcoholic beverage or reasonably believed to be under the influence of an alcoholic beverage.

(b) A person licensed under AS 04.09.020  04.09.370, or an agent or employee of the person, is not liable for damages resulting from a motor vehicle accident described under (a) of this section. A person or entity that participates in making arrangements for transportation of a vehicle under (a) of this section is not liable for damages resulting from a motor vehicle accident described in (a) of this section.

(c) This section does not (1) preclude liability for civil damages as a result of gross negligence or reckless or intentional misconduct;

(2) limit the ability of a person to recover damages under any applicable uninsured or underinsured motor vehicle insurance coverage; or

(3) limit the ability of a person to recover damages under any applicable liability insurance coverage purchased by or on behalf of the person being transported under (a) of this section.

(d) A motor vehicle owner is considered to have given consent to another person to drive the owner's motor vehicle if the other person is involved in an accident and the provisions of (a) of this section apply to the other person.

(e) In this section, (1) controlled substance has the meaning given in AS 28.33.190 ;

(2) inhalant has the meaning given to the phrase hazardous volatile material or substance in AS 47.37.270 ;

(3) licensed premises has the meaning given in AS 04.21.080 .
Alaska Stat. § 09.38.100 — AK Code / Title 9 / Chapter 09.38 / Section 09.38.100
Debtor's property owned with another.
Status: in_force

(a) If an individual and another own property in this state as tenants in common or tenants by the entirety, a creditor of the individual, subject to the individual's right to claim an exemption under this chapter, may obtain a levy on and sale of the interest of the individual in the property. A creditor who has obtained a levy, or a purchaser who has purchased the individual's interest at the sale, may have the property partitioned or the individual's interest severed.

(b) A partner's right in specific partnership property is exempt except on a claim against the partnership. If partnership property is attached for a partnership debt, the partners or any of them or the representatives of a deceased partner may not claim an exemption for that property under this chapter.
Alaska Stat. § 09.10.220 — AK Code / Title 9 / Chapter 09.10 / Section 09.10.220
Action arising in other jurisdictions between nonresidents.
Status: in_force

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 may not be maintained in this state.
Alaska Stat. § 09.58.010 — AK Code / Title 9 / Chapter 09.58 / Section 09.58.010
False claims for medical assistance; civil penalty.
Status: in_force

(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, use, or cause to be made or used, directly or indirectly, a false record or statement to get a false or fraudulent claim for payment paid or approved by the state under the medical assistance program;

(3) conspire to defraud the state by getting a false or fraudulent claim paid or approved under the medical assistance program;

(4) knowingly make, use, or cause to be made or used, a false record or statement to conceal, avoid, increase, or decrease an obligation to pay or transmit money or property to the medical assistance program;

(5) knowingly enter into an agreement, contract, or understanding with an officer or employee of the state for approval or payment of a claim under the medical assistance program knowing that the information in the agreement, contract, or understanding is false or fraudulent.

(b) A beneficiary of an intentional or inadvertent submission of a false or fraudulent claim under the medical assistance program who later discovers the claim is false or fraudulent shall disclose the false or fraudulent claim to the state not later than 60 days after discovering the false claim.

(c) In addition to any criminal penalties under AS 47.05 , a medical assistance provider or medical assistance recipient who violates (a) or (b) of this section shall be liable to the state in a civil action for (1) a civil penalty of not less than $5,500 and not more than $11,000;

(2) three times the amount of actual damages sustained by the state;

(3) full reasonable attorney fees and costs in a case involving a fraudulent claim, agreement, contract, or understanding; and

(4) reasonable attorney fees and costs calculated under applicable court rules in a case that does not involve a fraudulent claim, agreement, contract, or understanding.

(d) Liability for actual damages under (c) of this section may be reduced to not less than twice the amount of actual damages that the state sustains if the court finds that a person liable for an act under (a) or (b) of this section (1) furnished the attorney general or the Department of Health with all information known to the person about the violation not later than 30 days after the date the information was obtained;

(2) fully cooperated with the investigation of the violation under AS 09.58.020 ;

(3) at the time the person furnished the attorney general with the information about the violation, no criminal prosecution, civil action, investigation, or administrative action had been started in this state with respect to the violation, and the person did not have actual knowledge of the existence of an investigation of the violation.

(e) A corporation, partnership, or other individual is liable under this section for acts of its agents if the agent acted with apparent authority, regardless of whether the agent acted, in whole or in part, to benefit the principal and regardless of whether the principal adopted or ratified the agent's claims, representations, statement, or other action or conduct.
Alaska Stat. § 09.43.430 — AK Code / Title 9 / Chapter 09.43 / Section 09.43.430
Representation by attorney.
Status: in_force

A party to an arbitration proceeding may be represented by an attorney.
Alaska Stat. § 09.60.060 — AK Code / Title 9 / Chapter 09.60 / Section 09.60.060
Security for costs where plaintiff a nonresident or foreign corporation.
Status: in_force

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 the plaintiff is a nonresident. When required, all proceedings in the action shall be stayed until an undertaking executed by one or more sufficient sureties is filed with the court to the effect that they will pay the costs and attorney fees which are awarded against the plaintiff, for not less than $200. A new or an additional undertaking may be ordered by the court upon proof that the original undertaking is insufficient in amount or security.
Alaska Stat. § 09.50.320 — AK Code / Title 9 / Chapter 09.50 / Section 09.50.320
Action on information or application of private party.
Status: in_force

When the action is brought upon the information or application of a private party, the attorney general may require that party to enter into an undertaking with sureties to be approved by the attorney general, conditioned on that party's paying a judgment for costs or damages recovered against the plaintiff and costs and expenses incurred in the prosecution of the action.
Alaska Stat. § 09.38.010 — AK Code / Title 9 / Chapter 09.38 / Section 09.38.010
Homestead exemption.
Status: in_force

(a) An individual is entitled to an exemption as a homestead of the individual's interest in property in this state used as the principal residence of the individual or the dependents of the individual, but the value of the homestead exemption may not exceed $54,000.

(b) If property owned by the entirety or in common is used by one or more individual owners or their dependents as their principal residence, each owner is entitled to a homestead exemption of that owner's interest in the property as provided in (a) of this section. The aggregate value of multiple homestead exemptions allowable with respect to a single living unit may not exceed $54,000. If there are multiple owners of property exempt as a homestead, the value of the exemption of each individual owner may not exceed the individual owner's pro rata portion of $54,000.

(c) If property that includes a homestead is sold under an execution, the sale becomes effective upon confirmation by order of the court. The court shall enter the order of confirmation unless, within 60 days after the sale, the individual repurchases the property under this section or the court extends the time for confirmation upon the filing of a timely motion by a party in interest. The individual may repurchase property, including that individual's homestead, at a sale on execution before confirmation by paying into court the costs of the sale plus the lesser of either (1) the difference between the highest bid and the amount of the exemption in the property, or (2) the amount of the creditor's claim. If the individual does not exercise the repurchase right under this subsection, the clerk of the court shall first remit an amount determined to be exempt to the individual from the proceeds of sale and the balance less the cost of the sale to the creditor. For the purpose of collecting an amount remaining unpaid on a judgment after repurchase of property by an individual under this subsection, the creditor or the creditor's assignee may not make another levy on the property repurchased.

(d) Upon entry of the order of confirmation under (c) of this section and expiration of the time period for repurchase, the clerk may execute a deed to the property and when delivered it shall be sufficient to convey all title of the individual in the premises sold to the purchaser at the sale.
Alaska Stat. § 09.50.010 — AK Code / Title 9 / Chapter 09.50 / Section 09.50.010
Acts or omissions constituting contempt.
Status: in_force

The following acts or omissions with respect to a court of justice or court proceedings are contempts of the authority of the court: (1) disorderly, contemptuous, or insolent behavior toward the judge while holding the court, tending to impair its authority or to interrupt the course of a trial or other judicial proceeding;

(2) a breach of the peace, boisterous conduct, or violent disturbance, tending to interrupt the course of a trial or other judicial proceeding;

(3) misbehavior in office, or other wilful neglect or violation of duty by an attorney, clerk, peace officer, or other person appointed or elected to perform a judicial or ministerial service;

(4) deceit or abuse of the process or proceedings of the court by a party to an action or proceeding;

(5) disobedience of a lawful judgment, order, or process of the court;

(6) falsely pretending to act under authority to an order or process of the court;

(7) rescuing a person or property in the custody of an officer by virtue of an order or process of the court;

(8) unlawfully detaining a witness or party to an action or proceeding while going to, remaining at, or returning from the court where the witness or party is for trial;

(9) any other unlawful interference with the process or proceedings of the court;

(10) disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness;

(11) when summoned as a juror in a court, neglecting to attend or serve, or improperly conversing with a party to an action or proceeding to be tried at the court or with another person in relation to the merits of the action, or receiving a communication from a party or other person in respect to it without immediately disclosing it to the court;

(12) disobedience by an inferior court, judge, magistrate, referee, master, or officer of the lawful judgment, order, or process of a higher court, or proceeding in an action or proceeding contrary to law after the action or proceeding is removed from the jurisdiction of that inferior court, judge, magistrate, or officer.
Alaska Stat. § 09.45.630 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.630
Actions for recovery of real property.
Status: in_force

A person who has a legal estate in real property and has a present right to the possession of the property may bring an action to recover the possession of the property with damages for withholding it; however, recovery of possession from a tenant shall be made under AS 09.45.060  09.45.160.
Alaska Stat. § 09.25.040 — AK Code / Title 9 / Chapter 09.25 / Section 09.25.040
Rules for construing real estate descriptions.
Status: in_force

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, the addition of others which are indefinite, unknown, or false does not frustrate the conveyance, but it is to be construed by those particulars if they constitute a sufficient description to ascertain its application:

(2) when permanent and visible or ascertained boundaries or monuments are inconsistent with the measurement, either of lines, angles, or surfaces, the boundaries or monuments are paramount:

(3) between different measurements which are inconsistent with each other, that of angles is paramount to that of surfaces, and that of lines paramount to both:

(4) when a road or stream of water not navigable is the boundary, the rights of the grantor to the middle of the road or the thread of the stream are included in the conveyance, except where the road or bed of the stream is held under another title:

(5) when tidewater is the boundary, the rights of the grantor to low-water mark are included in the conveyance:

(6) when the description refers to a map and that reference is inconsistent with other particulars, it controls them if it appears that the parties acted with reference to the map; otherwise the map is subordinate to other definite and ascertained particulars.
Alaska Stat. § 09.30.130 — AK Code / Title 9 / Chapter 09.30 / Section 09.30.130
Personal jurisdiction.
Status: in_force

(a) The foreign judgment may not be refused recognition for lack of personal jurisdiction if (1) the defendant was served personally in the foreign state;

(2) the defendant voluntarily appeared in the proceedings, other than for the purpose of protecting property seized or threatened with seizure in the proceedings or of contesting the jurisdiction of the court over the defendant;

(3) the defendant, before the commencement of the proceedings, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;

(4) the defendant was domiciled in the foreign state when the proceedings were instituted, or, being a body corporate, had its principal place of business, was incorporated, or had otherwise acquired corporate status, in the foreign state;

(5) the defendant had a business office in the foreign state and the proceedings in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign state; or

(6) the defendant operated a motor vehicle or airplane in the foreign state and the proceedings involved a cause of action arising out of that operation.

(b) The courts of this state may recognize other bases of jurisdiction.
Alaska Stat. § 09.50.280 — AK Code / Title 9 / Chapter 09.50 / Section 09.50.280
Judgment for plaintiff; punitive damages.
Status: in_force

If judgment is rendered for the plaintiff, it shall be for the legal amount found due from the state with interest as provided under AS 09.30.070 and without punitive damages.
Alaska Stat. § 09.63.040 — AK Code / Title 9 / Chapter 09.63 / Section 09.63.040
Verification.
Status: in_force

(a) When a document is required by law to be verified, the person required to verify it shall certify under oath or affirmation that the person has read the document and believes its content to be true.

(b) The person who makes the verification shall sign it before a person authorized by law to take the person's oath or affirmation.

(c) A verification made under this section may be in substantially the following form:

I _____________________________________________________ say on oath or affirm that I have read the foregoing (or attached) document and believe all statements made in the document are true._____________________________________________________Subscribed and sworn to or affirmed before me at ______ on ____________________________________________________________________________________________________________________ (d) If the verification is sworn to or affirmed before a notary public of the state, the notary public shall (1) affix on the document the (A) notary public's official signature and official seal; and

(B) date of expiration of the notary public's commission; and

(2) comply with AS 44.50.060  44.50.065 and other applicable law.

Article 2. Uniform Recognition of Acknowledgments Act.
Alaska Stat. § 09.43.595 — AK Code / Title 9 / Chapter 09.43 / Section 09.43.595
Short title.
Status: in_force

AS 09.43.300  09.43.595 may be cited as the Revised Uniform Arbitration Act.
Alaska Stat. § 09.20.025 — AK Code / Title 9 / Chapter 09.20 / Section 09.20.025
Limitation on jury service.
Status: in_force

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 section, a person is serving as a juror whenever that person is in attendance in court as a member of a jury or a jury panel.
Alaska Stat. § 09.45.260 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.260
Right of action for partition or sale.
Status: in_force

When several persons own real property as tenants in common, in which one or more of them have an estate of inheritance or for life or years, or when real property is subject to a life estate with remainder over, an action may be brought by one or more of those persons or by the life tenant for a portion of it according to the respective rights of the interested persons, and for a sale of the property or a part of it if it appears that a partition cannot be had without great prejudice to the parties.
Alaska Stat. § 09.60.080 — AK Code / Title 9 / Chapter 09.60 / Section 09.60.080
Contingent fee agreements.
Status: in_force

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 attorney shall be calculated before that portion of punitive damages due the state under AS 09.17.020 (j) has been deducted from the total award of damages.
Alaska Stat. § 09.40.220 — AK Code / Title 9 / Chapter 09.40 / Section 09.40.220
Motion to vacate order for arrest or to reduce bail.
Status: in_force

A defendant arrested may, at any time before judgment, apply on a motion to the court or a judge of the court in which the action is pending to vacate the order for arrest or to reduce the amount of bail. If upon the hearing of the motion it appears that there was not sufficient cause for the arrest, the order shall be vacated; or if it appears that the bail was fixed too high, the amount shall be reduced.
Alaska Stat. § 09.50.270 — AK Code / Title 9 / Chapter 09.50 / Section 09.50.270
Payment of judgment against the state.
Status: in_force

An attachment or execution may not issue against the state. When a final judgment is rendered against the state in an action, the clerk of the court shall immediately transmit a certified copy of the judgment to the Department of Administration which shall either approve payment of the judgment against the state if a sufficient appropriation exists for payment, or audit the amount and transmit a copy to the legislature with the recommendation that an appropriation be made for its payment.
Alaska Stat. § 09.45.330 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.330
Order of sale.
Status: in_force

If it appears by evidence to the satisfaction of the court that a partition cannot be made without great prejudice to the owners, it shall order a sale of the property.
Alaska Stat. § 09.45.740 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.740
Right of action for waste.
Status: in_force

If a guardian, tenant for life or years, or tenant in common of real property commits waste on the property, a person injured by the waste may bring an action for damages for the injury. In an action for waste there may be judgment for treble damages. Where the plaintiff has a reversionary interest and the injury due to waste equals or exceeds the value of the interest held by the one committing the waste, or the waste is committed with malice, judgment may be for forfeiture of the estate and eviction.
Alaska Stat. § 09.65.095 — AK Code / Title 9 / Chapter 09.65 / Section 09.65.095
Liability for administration of blood test.
Status: in_force

(a) A civil or criminal action arising out of battery may not be brought against a health care provider for the act of taking a blood sample if the sample is taken (1) at the request of a police officer under the circumstances specified in AS 28.35.035 or when the arresting officer has a search warrant or court order authorizing the taking of the blood sample; and

(2) without the use of excessive or unreasonable force.

(b) Nothing in this section shall be construed to prohibit recovery of damages incident to the improper or negligent withdrawal of blood.

(c) In this section, (1) health care provider means a nurse licensed under AS 08.68 , a physician licensed under AS 08.64 , and a person certified by a hospital as competent to take blood samples;

(2) hospital means a hospital as defined in AS 47.32.900 , including a governmentally owned or operated hospital.
Alaska Stat. § 09.45.895 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.895
Limitation on damages; collateral sources.
Status: in_force

(a) Except as provided in (c) of this section, in an action covered under AS 09.45.881  09.45.899, a claimant may recover only the following damages caused by a defect: (1) the reasonable cost of repairs necessary to cure a defect, or actual damages that result from the construction defect, including reasonable and necessary engineering or consulting fees required to evaluate and cure the defect, that the construction professional is responsible for repairing;

(2) the reasonable expenses of temporary housing reasonably necessary during the repair period;

(3) the reduction in market value, if any, to the extent that the reduction is due to the defect; and

(4) reasonable and necessary attorney fees and costs.

(b) In an action under AS 09.45.881  09.45.899, a court shall deduct from the compensation awarded to a claimant any compensation paid to the claimant under a homeowner's warranty contract or a homeowner's insurance policy as compensation for the defects that are the subject of the action. The amount of this deduction does not include any compensation paid by the construction professional to the claimant to satisfy the claim, any compensation paid under an insurance policy issued to the construction professional to satisfy the claim, or any amount the claimant is required to repay under the terms of the homeowner's warranty contract or homeowner's insurance policy.

(c) Subsections (a) and (b) of this section do not apply if the defect was caused by gross negligence or reckless or intentional misconduct by the construction professional.
Alaska Stat. § 09.45.360 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.360
Appearance of lienholders before referee.
Status: in_force

Persons having outstanding liens shall be notified to appear before the referee at a specified time and place to prove the amount due or to become due, contingently or absolutely.
Alaska Stat. § 09.65.270 — AK Code / Title 9 / Chapter 09.65 / Section 09.65.270
Civil immunity related to the sale or transfer of a firearm.
Status: in_force

(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 the certificate and the individual causing the damage or harm (1) is the transferee of the firearm; and

(2) at the time the certificate is executed either (A) has a permit to carry a concealed handgun issued under AS 18.65.700 ; or

(B) meets the qualifications imposed under AS 18.65.705 (1)  (5) for obtaining a concealed handgun permit.

(b) In this section, federal firearm certificate means the certificate required on a federal Form 1 (Firearms), Form 4 (Firearms), or Form 5 (Firearms).
Alaska Stat. § 09.80.070 — AK Code / Title 9 / Chapter 09.80 / Section 09.80.070
Effect of change or error.
Status: in_force

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 party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record;

(2) in an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual (A) promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;

(B) takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and

(C) has not used or received any benefit or value from the consideration, if any, received from the other person;

(3) if (1) and (2) of this section do not apply, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any;

(4) paragraphs (2) and (3) of this section may not be varied by agreement.
Alaska Stat. § 09.50.310 — AK Code / Title 9 / Chapter 09.50 / Section 09.50.310
Action for usurpation of office or franchise.
Status: in_force

An action may be brought by the attorney general upon the attorney general's own information or upon complaint of a private party against (1) a person who usurps, intrudes into, or unlawfully holds or exercises a public office, civil or military, or a franchise, or an office in a corporation, either public or private; (2) a public officer who has acted to forfeit the office; or (3) any number of persons acting as a corporation without being incorporated.
Alaska Stat. § 09.80.010 — AK Code / Title 9 / Chapter 09.80 / Section 09.80.010
Scope.
Status: in_force

(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 execution of wills, codicils, or testamentary trusts;

(2) the Uniform Commercial Code other than AS 45.01.306 , AS 45.02 , AS 45.12 , and, to the extent allowed by AS 45.07.113 (c), AS 45.07 .

(c) This chapter applies to a transaction governed by 15 U.S.C. 7001  7031 (Electronic Signatures in Global and National Commerce Act), but this chapter is not intended to limit, modify, or supersede 15 U.S.C. 7001(c). To the extent excluded from the scope of 15 U.S.C. 7001  7031 under 15 U.S.C. 7003, this chapter does not apply to a notice to the extent that it is governed by a law requiring the furnishing of (1) any notice of (A) the cancellation or termination of utility services, including water, heat, and power;

(B) default, acceleration, repossession, foreclosure, or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual;

(C) the cancellation or termination of health insurance or benefits or life insurance benefits, excluding annuities; or

(D) recall of a product, or material failure of a product, that risks endangering health or safety; or

(2) a document to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials.

(d) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under (b) or (c) of this section to the extent it is governed by a law other than those specified in (b) or (c) of this section.

(e) A transaction subject to this chapter is also subject to other applicable substantive law.
Alaska Stat. § 09.63.100 — AK Code / Title 9 / Chapter 09.63 / Section 09.63.100
Forms of acknowledgment.
Status: in_force

(a) The forms of acknowledgment set out in this subsection may be used and are sufficient for their respective purposes under a law of the state. The authorization of the forms in this section does not preclude the use of other forms.

(1) For an individual acting in the individual's own right:

State of ___________________ __________________________________ Judicial District (or County of __________________________________ or Municipality of __________________________________) The foregoing instrument was acknowledged before me this (date) by (name of person who acknowledged). Signature of Person Taking Acknowledgment

Title or Rank

Serial Number, if any

(2) For a corporation:

State of _____________________________________________________ Judicial District (or County of __________________________________ or Municipality of __________________________________) The foregoing instrument was acknowledged before me this (date) by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging) a (state or place of incorporation) corporation, on behalf of the corporation. Signature of Person Taking Acknowledgment

Title or Rank

Serial Number, if any

(3) For a limited liability company:

State of ___________________ __________________________________ Judicial District (or County of __________________________________ or Municipality of __________________________________) The foregoing instrument was acknowledged before me this (date) by (name of member or manager), member (or manager) of (name of limited liability company acknowledging) a (state or place of organization) limited liability company, on behalf of the limited liability company. Signature of Person Taking Acknowledgment

Member (or Manager)

Serial Number, if any

(4) For a partnership:

State of ___________________ __________________________________ Judicial District (or County of __________________________________ or Municipality of __________________________________) The foregoing instrument was acknowledged before me this (date) by (name of acknowledging partner or agent), partner (or agent) on behalf of (name of partnership), a (partnership, limited partnership, or limited liability partnership). Signature of Person Taking Acknowledgment

Title or Rank

Serial Number, if any

(5) For an individual acting as principal by an attorney-in-fact:

State of _____________________________________________________ Judicial District (or County of __________________________________ or Municipality of __________________________________) The foregoing instrument was acknowledged before me this (date) by (name of attorney-in-fact) as attorney-in-fact on behalf of (name of principal). Signature of Person Taking Acknowledgment

Title or Rank

Serial Number, if any

(6) By a public officer, trustee, or personal representative:

State of ___________________ __________________________________ Judicial District (or County of __________________________________ or Municipality of __________________________________) The foregoing instrument was acknowledged before me this (date) by (name and title of position). Signature of Person Taking Acknowledgment

Title or Rank

Serial Number, if any

(b) If a document is acknowledged before a notary public of the state, the notary public shall

(1) affix on the document the (A) notary public's official signature and official seal; and

(B) date of expiration of the notary public's commission; and

(2) comply with AS 44.50.060  44.50.065 and other law.
Alaska Stat. § 09.58.090 — AK Code / Title 9 / Chapter 09.58 / Section 09.58.090
Special provisions.
Status: in_force

(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.
Alaska Stat. § 09.80.150 — AK Code / Title 9 / Chapter 09.80 / Section 09.80.150
Acceptance and distribution of electronic records by governmental agencies.
Status: in_force

(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, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.

(b) To the extent that a governmental agency uses electronic records and electronic signatures under (a) of this section, the governmental agency, giving due consideration to security, may specify (1) the manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes;

(2) if electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, a third party used by a person filing a document to facilitate the process;

(3) control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and

(4) any other required attributes for electronic records that are specified for corresponding nonelectronic records or that are reasonably necessary under the circumstances.

(c) Except as otherwise provided in AS 09.80.090 (f), this chapter does not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.
Alaska Stat. § 09.45.850 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.850
Proof of facts.
Status: in_force

In an action of the type authorized in AS 09.45.800  09.45.880, judgment may not be given by default, but the court must require proof of the facts alleged in the complaint and other pleadings.
Alaska Stat. § 09.05.030 — AK Code / Title 9 / Chapter 09.05 / Section 09.05.030
Service on personal representative of deceased nonresident; substitution of personal representative.
Status: in_force

(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 administrator duly appointed by the state, territory, or district of the United States or foreign country where the nonresident is domiciled at the time of death. Service of the summons shall be made on the commissioner of administration. Notice of the service and the copy of the process shall be given to the nonresident's executor or administrator in like manner, with the same force as service on a living nonresident.

(b) An action or proceeding pending in a state court, in which the court has obtained jurisdiction of a nonresident under AS 09.05.020 , does not abate by reason of the nonresident's death. The nonresident's executor or administrator duly appointed in the state, territory, or district of the United States or foreign country where the nonresident is domiciled at the time of death, shall, on the application of the plaintiff, be brought in and substituted in the place of the nonresident, and the action or proceeding shall continue.
Alaska Stat. § 09.43.590 — AK Code / Title 9 / Chapter 09.43 / Section 09.43.590
Definitions.
Status: in_force

In AS 09.43.300  09.43.595, (1) arbitration organization means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator;

(2) arbitrator means an individual who is appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate;

(3) court means a court of competent jurisdiction in this state;

(4) knowledge means actual knowledge;

(5) person means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, or instrumentality; public corporation; or another legal or commercial entity;

(6) record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and may be retrieved in perceivable form.
Alaska Stat. § 09.55.490 — AK Code / Title 9 / Chapter 09.55 / Section 09.55.490
Amount of judgment.
Status: in_force

In an action upon an official undertaking or other security, if judgment has already been recovered against the surety therein other than by confession equal in the aggregate to the penalty or a part of the penalty of the undertaking or other security and if the recovery be established on the trial, judgment may not be given against the surety for an amount exceeding the penalty or such portion of the penalty as is not already recovered against the surety.
Alaska Stat. § 09.40.160 — AK Code / Title 9 / Chapter 09.40 / Section 09.40.160
Time for order for arrest.
Status: in_force

The order may be made at the time of the issuing of the summons or afterwards but before the judgment. It shall require a peace officer to immediately arrest the defendant and to hold the defendant to bail in the amount specified.
Alaska Stat. § 09.65.150 — AK Code / Title 9 / Chapter 09.65 / Section 09.65.150
Duty to disabled pedestrians.
Status: in_force

(a) The driver of a vehicle approaching a physically disabled pedestrian who is carrying a white or metallic-colored cane, or using special equipment for mobility, or using a service animal, shall take precautions necessary to avoid injury to the pedestrian or the service animal. A driver who fails to take necessary precautions and, as a result, causes injury to the pedestrian or the service animal, or causes property damage, is liable for the injury or damage caused.

(b) In this section, (1) physically disabled pedestrian means a person who has a physical condition that limits the person's ability to function as a pedestrian without the assistance of another person, a service animal, a cane, or other equipment or device;

(2) service animal means a dog guide or other animal that assists a physically disabled person to function as a pedestrian.
Alaska Stat. § 09.55.390 — AK Code / Title 9 / Chapter 09.55 / Section 09.55.390
Acquisition of easements and additional powers of the court to require surrender of possession to plaintiff.
Status: in_force

The right to take possession under this section is in addition to any other right to take possession provided in AS 09.55.240  09.55.460. In proceedings for the acquisition of easements for the transmission and distribution of electric energy, communications, water, steam, and gas, the court may, upon motion and after a hearing, fix the time during which and the terms upon which the parties in possession are required to surrender possession to the plaintiff. If the court finds that urgent public necessity requires, it may grant the plaintiff possession at any time after the action has been commenced. Notice of the hearing shall be as provided in the Alaska Rules of Civil Procedure, except that, where service by publication is required, notice may be given at any time following the date of the last publication by registered mail addressed to the defendant and to parties in possession at their last known addresses as shown on the latest tax roll of the political subdivision in which the premises are located or as indicated by other evidence that shall be satisfactory to the court.
Alaska Stat. § 09.55.554 — AK Code / Title 9 / Chapter 09.55 / Section 09.55.554
Immunity for oral contracts.
Status: in_force

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.
Alaska Stat. § 09.35.160 — AK Code / Title 9 / Chapter 09.35 / Section 09.35.160
Postponement of sale.
Status: in_force

(a) If, at the time appointed for the sale, the person conducting it considers it to the advantage of all concerned to postpone the sale for want of purchasers, or other sufficient cause, the sale may be postponed from time to time, but each postponement may not exceed one week. Notice of every postponement shall be made by public proclamation. Whenever a request in writing is made by the judgment creditor for a postponement of the sale to a later date and hour and is given to the person conducting the sale, that person shall by public declaration postpone the sale to the date and hour so fixed.

(b) If for any reason the sale cannot be held at the time appointed or within 30 days from the original sale date in the case of real property, the officer who is to conduct the sale shall notify the parties or their attorneys and designate a future day for the sale and give notice in the manner provided in AS 09.35.140 .
Alaska Stat. § 09.30.010 — AK Code / Title 9 / Chapter 09.30 / Section 09.30.010
Recording copy of judgment as lien.
Status: in_force

A certified copy of the judgment or decree of a court of this state or a court of record of the United States upon which execution may issue, the enforcement of which has not been stayed, may be recorded with the recorder of a recording district. From the recording, the judgment or decree becomes a lien upon the real property of the defendant that is in the recording district, that is not exempt from execution, and that is owned by the defendant at the time or acquired by the defendant afterward but before the lien expires. The lien continues during the time execution may issue on the judgment or decree but for not more than 10 years from date of entry of the judgment or decree. After expiration of the lien, the court may grant leave for issuance of execution upon the judgment or decree. From the date of recording the judgment or decree, together with the order allowing issuance of execution, the judgment or decree becomes a lien in the manner provided in this section.
Alaska Stat. § 09.19.050 — AK Code / Title 9 / Chapter 09.19 / Section 09.19.050
Discovery in prisoner cases.
Status: in_force

The automatic disclosure provisions of Rule 26, Alaska Rules of Civil Procedure, do not apply to litigation against the state brought by a prisoner.
Alaska Stat. § 09.65.250 — AK Code / Title 9 / Chapter 09.65 / Section 09.65.250
Immunity for certain actions related to child support.
Status: in_force

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, issued by the child support services agency created in AS 25.27.010 , or the child support enforcement agency of another state, for child support purposes authorized under law;

(2) collection of child support, including encumbering or surrendering assets in response to a notice of lien or levy for the payment of child support; or

(3) compliance with an income withholding notice or an order to withhold and deliver that is regular on its face and is for child support purposes.
Alaska Stat. § 09.40.090 — AK Code / Title 9 / Chapter 09.40 / Section 09.40.090
Disposition of property after judgment in plaintiff's favor.
Status: in_force

When plaintiff recovers judgment, and the property attached in the suit was not sold as perishable property or discharged from the attachment, the court shall order the property to be sold to satisfy the plaintiff's demands. If execution is issued upon the judgment, the peace officer shall apply the property attached, including money or the proceeds from the sale of the property, upon the execution. If there is any of the property or proceeds remaining after satisfying the execution, the peace officer shall, upon demand, deliver the property or proceeds to the defendant.
Alaska Stat. § 09.43.410 — AK Code / Title 9 / Chapter 09.43 / Section 09.43.410
Immunity of arbitrator; competency to testify; attorney fees and costs.
Status: in_force

(a) An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity.

(b) The immunity afforded by this section supplements any immunity under other law.

(c) The failure of an arbitrator to make a disclosure required by AS 09.43.390 does not cause a loss of immunity under this section.

(d) In a judicial, administrative, or similar proceeding, an arbitrator or representative of an arbitration organization is not competent to testify and may not be required to produce records as to a statement, conduct, a decision, or a ruling occurring during the arbitration proceeding to the same extent as a judge of a court of this state acting in a judicial capacity. This subsection does not apply to (1) the extent necessary to determine the claim of an arbitrator, arbitration organization, or representative of the arbitration organization against a party to the arbitration proceeding; or

(2) a hearing on an application to vacate an award under AS 09.43.500 (a)(1) or (2) if the applicant establishes prima facie that a ground for vacating the award exists.

(e) If a person commences a civil action against an arbitrator, arbitration organization, or representative of an arbitration organization arising from the services of the arbitrator, organization, or representative, or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify or produce records in violation of (d) of this section, and the court decides that the arbitrator, arbitration organization, or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is not competent to testify, the court shall award to the arbitrator, organization, or representative attorney fees and expenses of litigation as determined under the court rules of this state.
Alaska Stat. § 09.10.120 — AK Code / Title 9 / Chapter 09.10 / Section 09.10.120
Actions in name of state, political subdivisions, or public corporations.
Status: in_force

(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 on the ground of fraud, the limitation commences from the time of discovery by the aggrieved party of the facts constituting the fraud.

(b) Notwithstanding (a) of this section or another provision of law, the state may bring an action in the name of or for the benefit of the state to (1) quiet or confirm the state's interests in real property, or (2) protect resources held in trust for the public, at any time.
Alaska Stat. § 09.45.420 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.420
Sale procedure.
Status: in_force

All sales of real property made by the referee shall be made at public auction to the highest bidder in the manner required for the sale of real property on execution. The notice must state the time, place, and terms of sale, and, if the property or a part of it is to be sold subject to a prior estate, charge, or lien, that shall be stated in the notice.
Alaska Stat. § 09.65.300 — AK Code / Title 9 / Chapter 09.65 / Section 09.65.300
Immunity for providing free health care services.
Status: in_force

(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) provider is licensed in this state to provide health care services; in this paragraph, health care provider includes a health care provider who holds a temporary license or permit to practice as a health care provider;

(2) services provided were within the scope of the health care provider's license;

(3) services were provided at a medical clinic, medical facility, nonprofit facility, temporary emergency site, or other facility owned or operated by a governmental entity or nonprofit organization and the health care provider was acting within the scope of the provider's responsibilities in the medical clinic, governmental entity, or nonprofit organization;

(4) services were provided voluntarily and without pay to the health care provider for the services, except as provided in (b)(2) and (3) of this section; and

(5) provider (A) obtains informed consent in writing from the person receiving the health care services as described under AS 09.55.556 , except in the case of an emergency;

(B) provides the person receiving the health care services advance written notice of the immunity provided under this section to a health care provider when providing voluntary health care services as described under this section; and

(C) provides the person receiving health care services with written notice of the name of a licensed health care provider in the state that the person receiving health care services may contact for emergency follow-up care within 30 days after a procedure is performed.

(b) This section does not preclude (1) liability for civil damages that are the result of gross negligence or reckless or intentional misconduct;

(2) a health care provider from receiving payment or being reimbursed for expenses, including travel and room and board while providing voluntary services;

(3) a medical clinic or facility from charging for its services.

(c) In this section, (1) [See delayed amendment note.] health care provider means a physician, physician assistant, dentist, dental hygienist, osteopath, optometrist, chiropractor, registered nurse, practical nurse, advanced practice registered nurse, naturopath, physical therapist, occupational therapist, marital and family therapist, psychologist, psychological associate, behavior analyst, assistant behavior analyst, licensed clinical social worker, athletic trainer, or certified direct-entry midwife;

(2) health care services means services received by an individual in order to treat or to prevent illness or injury;

(3) nonprofit organization means an organization that qualifies for exemption from taxation under 26 U.S.C. 501(c)(3) or (4) (Internal Revenue Code).
Alaska Stat. § 09.70.030 — AK Code / Title 9 / Chapter 09.70 / Section 09.70.030
Good faith.
Status: in_force

The parties to every contract have a duty to act fairly and in good faith in the performance and enforcement of the contract.
Alaska Stat. § 09.45.030 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.030
Appointment of referees to establish and mark boundaries.
Status: in_force

In an action to establish boundaries, the court shall appoint three disinterested referees, one of whom is a surveyor, to establish and mark the boundary lines as ascertained and determined by the court.
Alaska Stat. § 09.40.180 — AK Code / Title 9 / Chapter 09.40 / Section 09.40.180
Amount of bail.
Status: in_force

The defendant may give bail by causing a written undertaking to be executed by one or more sufficient sureties to the effect that they are bound in the amount mentioned in the order for arrest, that the defendant will be amenable to the process of the court during the pendency of the action and to processes that may be issued to enforce the judgment, or that they will pay the plaintiff the amount of the judgment that may be recovered in the action.
Alaska Stat. § 09.55.020 — AK Code / Title 9 / Chapter 09.55 / Section 09.55.020
Petition and inquiry.
Status: in_force

If a petition is presented by an interested person to a district judge or magistrate alleging that a designated person has disappeared and after diligent search cannot be found, and if it appears to the satisfaction of the judge or magistrate that the circumstances surrounding the disappearance afford reasonable grounds for the belief that the person has suffered death from accidental or other violent means, the judge or magistrate shall summon and impanel a jury of six qualified persons to inquire into the facts surrounding and the presumption to be raised from the disappearance. If no one submits a petition within 40 days, a judge or magistrate may submit the petition from personal knowledge of the case.
Alaska Stat. § 09.63.020 — AK Code / Title 9 / Chapter 09.63 / Section 09.63.020
Certification of documents.
Status: in_force

(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 required to be taken before a specified official other than a notary public) may be supported, evidenced, established, or proven by the person certifying in writing under penalty of perjury that the matter is true. The certification shall state the date and place of execution, the fact that a notary public or other official empowered to administer oaths is unavailable, and the following:

I certify under penalty of perjury that the foregoing is true.

(b) A person who makes a false sworn certification which the person does not believe to be true under penalty of perjury is guilty of perjury.
Alaska Stat. § 09.05.050 — AK Code / Title 9 / Chapter 09.05 / Section 09.05.050
Service of process on state prisoners.
Status: in_force

(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, to the shift supervisor of the correctional facility in which the person is housed. The shift supervisor shall (1) immediately hand deliver the summons and complaint or pleadings to the person whose name appears on the summons; and

(2) promptly complete the affidavit of proof of service on the form provided and return it to the party requesting service of process.

(b) A party requesting service of process under this section may locate a person committed to the custody of the commissioner of corrections by contacting the chief classification officer of the Department of Corrections during that officer's regular hours of work.

(c) In this section, correctional facility has the meaning given in AS 33.30.901 .
Alaska Stat. § 09.65.180 — AK Code / Title 9 / Chapter 09.65 / Section 09.65.180
Civil liability of zoos.
Status: in_force

(a) Except as provided in (b) of this section, a person who owns or operates a zoo is strictly liable for injury to a person or property if the injury is caused by an animal owned by or in the custody of the zoo.

(b) A person who owns or operates a zoo is not strictly liable as provided in (a) of this section if (1) the animal that caused the injury was within the animal's normal place of confinement at the time the injury occurred;

(2) the zoo owner or operator had posted signs at prominent places within the zoo, including at each entrance, warning that the liability of the zoo for injuries caused by animals within their normal place of confinement is limited by law; and

(3) the enclosure within which the animal was confined at the time of the injury was constructed and maintained in a manner that prevents a person who exercises ordinary care customary for a person of similar age, intelligence, and experience from contacting the animal or entering the enclosure.
Alaska Stat. § 09.45.894 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.894
Additional construction defects; additional notice of claim required.
Status: in_force

A court action for a defect that is discovered after a claimant has provided a construction professional with a notice of claim required in AS 09.45.881  09.45.899 may not be commenced until the claimant has complied with the provisions of AS 09.45.881  09.45.899.
Alaska Stat. § 09.20.140 — AK Code / Title 9 / Chapter 09.20 / Section 09.20.140
Compelling person to testify.
Status: in_force

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.
Alaska Stat. § 09.43.530 — AK Code / Title 9 / Chapter 09.43 / Section 09.43.530
Jurisdiction.
Status: in_force

(a) A court of this state having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate.

(b) An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under AS 09.43.300  09.43.595.
Alaska Stat. § 09.55.480 — AK Code / Title 9 / Chapter 09.55 / Section 09.55.480
Subsequent actions on same undertaking.
Status: in_force

A judgment in favor of a party for one delinquency does not preclude the same or another party from maintaining another action on the same undertaking or other security for another delinquency.
Alaska Stat. § 09.65.202 — AK Code / Title 9 / Chapter 09.65 / Section 09.65.202
Tort immunity for landowners' allowing recreational activity; adverse possession.
Status: in_force

(a) A landowner that allows a recreational activity on the landowner's land without charge does not, by allowing that activity, (1) owe a duty of care to maintain the land safe for entry or use for a recreational activity or to eliminate, alter, or control the inherent risks of a recreational activity;

(2) owe a duty to warn persons using the land for a recreational activity of any dangerous condition, known or unknown, apparent or hidden;

(3) owe a duty to curtail or prevent use of the land for recreational activities;

(4) implicitly ensure that the land is safe for any purpose;

(5) confer a legal status, such as invitee or licensee, to which a special duty of care is owed; or

(6) assume responsibility for any injury to persons or property.

(b) This section applies only during the time that a landowner allows recreational use under a recorded grant of a public recreational use easement as required in AS 34.17.100 .

(c) This section does not apply to a civil action (1) if the landowner collects a charge for entry on the land for a recreational activity; or

(2) that is based on intentional, reckless, or grossly negligent conduct of the landowner.

(d) This section may not be construed to conflict with, nor does it have any effect on, a liability release agreement between a participant in a recreational activity and a landowner.

(e) Except as provided for under AS 09.45.052 (d), land use allowed by a landowner for a recreational activity without charge may not form the basis of a claim for adverse possession, prescriptive easement, or a similar claim.

(f) In this section, (1) charge means a fee or admission price imposed for access to or use of land, a recreational activity, a service, an entertainment, or another activity, except that the following is not considered a charge: (A) consideration received by the landowner from the state or political subdivision for land leased or dedicated to the state or political subdivision;

(B) property tax relief in exchange for a landowner's agreement to open land for a recreational activity; or

(C) a contribution in kind, service, or cash from a user if all of the contribution is used to improve access or trails, to remedy or reduce damage, to provide warning of a hazard, or to remove a hazard from the land;

(2) land includes private (A) unimproved land;

(B) improved land, exclusive of buildings, structures, machinery, or equipment on the land;

(C) ways or land subject to an easement or right-of-way;

(D) roads and trails;

(E) water and watercourses on or running through the land;

(3) landowner means a private person who owns land;

(4) private person has the meaning given in AS 09.55.240 ;

(5) recreational activity has the meaning given sports or recreational activity in AS 09.65.290 .
Alaska Stat. § 09.55.580 — AK Code / Title 9 / Chapter 09.55 / Section 09.55.580
Action for wrongful death.
Status: in_force

(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 an action, had the person lived, against the latter for an injury done by the same act or omission. The action shall be commenced within two years after the death, and the damages therein shall be the damages the court or jury may consider fair and just. The amount recovered, if any, shall be exclusively for the benefit of the decedent's spouse and children when the decedent is survived by a spouse or children, or other dependents. When the decedent is survived by no spouse or children or other dependents, the amount recovered shall be administered as other personal property of the decedent but shall be limited to pecuniary loss. When the plaintiff prevails, the trial court shall determine the allowable costs and expenses of the action and may, in its discretion, require notice and hearing thereon. The amount recovered shall be distributed only after payment of all costs and expenses of suit and debts and expenses of administration.

(b) The damages recoverable under this section shall be limited to those which are the natural and proximate consequence of the negligent or wrongful act or omission of another.

(c) In fixing the amount of damages to be awarded under this section, the court or jury shall consider all the facts and circumstances and from them fix the award at a sum which will fairly compensate for the injury resulting from the death. In determining the amount of the award, the court or jury shall consider but is not limited to the following: (1) deprivation of the expectation of pecuniary benefits to the beneficiary or beneficiaries, without regard to age thereof, that would have resulted from the continued life of the deceased and without regard to probable accumulations or what the deceased may have saved during the lifetime of the deceased;

(2) loss of contributions for support;

(3) loss of assistance or services irrespective of age or relationship of decedent to the beneficiary or beneficiaries;

(4) loss of consortium;

(5) loss of prospective training and education;

(6) medical and funeral expenses.

(d) The death of a beneficiary or beneficiaries before judgment does not affect the amount of damages recoverable under this section.

(e) The right of action granted by this section is not abated by the death of a person named or to be named the defendant.

(f) A person whose act or omission constitutes the felonious killing of another person may not recover damages for the death of that person either directly or as a personal representative of that person's estate. In this subsection, a felonious killing means a crime defined by AS 11.41.100  11.41.140.
Alaska Stat. § 09.55.700 — AK Code / Title 9 / Chapter 09.55 / Section 09.55.700
In rem civil forfeiture actions.
Status: in_force

Common law civil in rem forfeiture actions are abolished if used instead of a criminal proceeding.
Alaska Stat. § 09.45.130 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.130
Action against persons paying rent in advance.
Status: in_force

The service of a notice to quit upon a tenant or person in possession does not authorize an action to be maintained against the tenant or person for the possession of the premises until the expiration of the period for which that tenant or person may have paid rent for the premises in advance. To authorize an action against a tenant or person in possession who has paid rent in advance, a notice must be given at least 10 days before the date the rent is due again in case of a month-to-month tenancy or at least three days before in the case of a week-to-week tenancy.
Alaska Stat. § 09.45.390 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.390
Lienholder having other securities.
Status: in_force

When a party to an action or a person who holds a lien upon the property or a part of it has other securities for the payment of the amount of the lien, the court may order the securities to be exhausted before a distribution of the proceeds of sale, or may order a just deduction to be made from the amount of the lien on the property on that account.
Alaska Stat. § 09.40.080 — AK Code / Title 9 / Chapter 09.40 / Section 09.40.080
Liability on undertaking.
Status: in_force

In a proceeding brought against the principal or the sureties upon an undertaking given to secure the release of attached property, it is a defense that the property for which the undertaking was given did not, at the execution of the writ of attachment, belong to the defendant against whom it was issued.
Alaska Stat. § 09.20.020 — AK Code / Title 9 / Chapter 09.20 / Section 09.20.020
Disqualification of jurors.
Status: in_force

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 discharge has the meaning given in AS 12.55.185 .
Alaska Stat. § 09.65.290 — AK Code / Title 9 / Chapter 09.65 / Section 09.65.290
Civil liability for sports or recreational activities.
Status: in_force

(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 risks in that sports or recreational activity.

(b) This section does not require a provider to eliminate, alter, or control the inherent risks within the particular sports or recreational activity that is provided.

(c) This section does not apply to a civil action based on the (1) negligence of a provider if the negligence was the proximate cause of the injury, death, or damage; or

(2) design or manufacture of sports or recreational equipment or products or safety equipment used incidental to or required by a sports or recreational activity.

(d) Nothing in this section shall be construed to conflict with or render as ineffectual a liability release agreement between a person who participates in a sports or recreational activity and a provider.

(e) In this section, (1) farm touring means briefly visiting a farm to observe or experience aspects of raising, growing, producing, cultivating, harvesting, or processing an agricultural product as a tourist, without receiving pay;

(2) inherent risks means those dangers or conditions that are characteristic of, intrinsic to, or an integral part of a sports or recreational activity;

(3) provider means a person or a federal, state, or municipal agency that promotes, offers, or conducts a sports or recreational activity, whether for pay or otherwise;

(4) sports or recreational activity (A) means a commonly understood sporting activity, whether undertaken with or without permission, including baseball, softball, football, soccer, basketball, hockey, bungee jumping, parasailing, bicycling, hiking, swimming, skateboarding, horseback riding and other equine activity, farm touring, dude ranching, mountain climbing, river floating, whitewater rafting, canoeing, kayaking, hunting, fishing, backcountry trips, mushing, backcountry or helicopter-assisted skiing, alpine skiing, Nordic skiing, snowboarding, telemarking, snow sliding, snowmobiling, and off-road and all-terrain vehicle use;

(B) does not include (i) boxing contests, sparring or wrestling matches, or exhibitions that are subject to the requirements of AS 05.10 ;

(ii) activities involving the use of devices that are subject to the requirements of AS 05.20 ; or

(iii) skiing or sliding activities at a ski area that are subject to the requirements of AS 05.45 .
Alaska Stat. § 09.05.020 — AK Code / Title 9 / Chapter 09.05 / Section 09.05.020
Service of process on nonresident owner or operator of motor vehicle.
Status: in_force

(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 attorney. The summons may be served on the commissioner in an action against the nonresident growing out of an accident or collision in which the vehicle is involved while being so operated. This operation is considered a signification of the nonresident's agreement that a summons against the nonresident which is so served has the same legal force as if served on the nonresident personally in the state.

(b) Service of the summons is made by leaving a copy of it with the commissioner of administration or the designee of the commissioner. The commissioner or a designee shall keep a record of each such process and the day and hour of service. This service is sufficient service on the nonresident.

(c) The plaintiff or the plaintiff's attorney shall send a notice of the service and a copy of the summons to the defendant by registered mail within 10 days after the date of service.

(d) The plaintiff or the plaintiff's attorney shall make an affidavit showing that service of the notice and summons on the defendant has been made by registered mail as provided in (c) of this section. The affiant shall attach to the affidavit a copy of the summons and notice so served and the registry receipt of the defendant. The affiant shall file the affidavit and attached papers with the court having jurisdiction of the cause.

(e) The court in which the action is pending may order an extension of time necessary to give the defendant reasonable opportunity to defend the action.
Alaska Stat. § 09.50.340 — AK Code / Title 9 / Chapter 09.50 / Section 09.50.340
Judgment for claimant.
Status: in_force

If judgment is for the person claiming the franchise or office, that person is entitled to the possession and enjoyment of the franchise, or to assume the execution of the office after qualifying as required by law.
Alaska Stat. § 09.65.210 — AK Code / Title 9 / Chapter 09.65 / Section 09.65.210
Damages resulting from commission of a felony or while under the influence of alcohol or drugs.
Status: in_force

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 the personal injury or death if the injury or death occurred while the person was (1) engaged in the commission of a felony, the person has been convicted of the felony, including conviction based on a guilty plea or plea of nolo contendere, and the party defending against the claim proves by clear and convincing evidence that the felony substantially contributed to the personal injury or death;

(2) engaged in conduct that would constitute the commission of an unclassified felony, a class A felony, or a class B felony for which the person was not convicted and the party defending against the claim proves by clear and convincing evidence (A) the felonious conduct; and

(B) that the felonious conduct substantially contributed to the personal injury or death;

(3) fleeing after the commission, by that person, of conduct that would constitute an unclassified felony, a class A felony, or a class B felony or being apprehended for conduct that would constitute an unclassified felony, a class A felony, or a class B felony if the party defending against the claim proves by clear and convincing evidence (A) the felonious conduct; and

(B) that the conduct during the flight or apprehension substantially contributed to the injury or death;

(4) operating a vehicle, aircraft, or watercraft while under the influence of intoxicating liquor or any controlled substance in violation of AS 28.35.030 , was convicted, including conviction based on a guilty plea or plea of nolo contendere, and the party defending against the claim proves by clear and convincing evidence that the conduct substantially contributed to the personal injury or death; or

(5) engaged in conduct that would constitute a violation of AS 28.35.030 for which the person was not convicted if the party defending against the claim proves by clear and convincing evidence (A) the violation of AS 28.35.030 ; and

(B) that the conduct substantially contributed to the personal injury or death.
Alaska Stat. § 09.55.585 — AK Code / Title 9 / Chapter 09.55 / Section 09.55.585
Action for wrongful death of an unborn child; applicability.
Status: in_force

(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 death of an unborn child if those acts or omissions are committed during a legal abortion to which the pregnant woman or a person authorized by law to act on her behalf consents or for which consent is implied by law;

(2) are committed under usual and customary standards of medical practice during diagnostic testing, during therapeutic treatment, or while assisting a pregnancy; or

(3) are committed by a pregnant woman against herself and her unborn child.

(c) This section does not limit any other cause of action that a parent may maintain for the death of an unborn child.

(d) In this section, (1) abortion has the meaning given in AS 18.16.090 ;

(2) unborn child has the meaning given in AS 11.81.900 .

Article 8. Removal of Disabilities of a Minor.
Alaska Stat. § 09.80.110 — AK Code / Title 9 / Chapter 09.80 / Section 09.80.110
Automated transaction.
Status: in_force

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 formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and that the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance;

(3) the terms of the contract are determined by the substantive law applicable to it.
Alaska Stat. § 09.35.070 — AK Code / Title 9 / Chapter 09.35 / Section 09.35.070
Property liable.
Status: in_force

All goods, chattels, money, or other property, both real and personal, or an interest in the property of the judgment debtor not exempt by law, and all property and rights of property seized and held under attachment in the action are liable to execution.
Alaska Stat. § 09.35.180 — AK Code / Title 9 / Chapter 09.35 / Section 09.35.180
Confirmation of sale or resale.
Status: in_force

(a) Where real property executed upon has been sold, the judgment creditor may, upon motion, apply for an order confirming the sale. The judgment debtor may object to the confirmation of the sale on the grounds that there were substantial irregularities in the proceedings of sale that caused probable loss or injury to the judgment debtor.

(b) If the court finds that there were substantial irregularities in the proceedings concerning the sale to the probable loss or injury of the party objecting, it shall deny the motion and direct that the property be resold in whole or in part as upon an execution.

(c) Upon a resale, the bid of the purchaser at the former sale shall be considered to be renewed and continued in force, and no bid may be taken except for a greater amount. If the property sells to a person other than the former purchaser, the former purchaser shall be repaid out of the proceeds of the resale.

(d) An order confirming a sale is a conclusive determination of the regularity of the proceedings concerning the sale, as to all persons, in any other action or proceeding.
Alaska Stat. § 09.60.220 — AK Code / Title 9 / Chapter 09.60 / Section 09.60.220
No waiver and no penalty.
Status: in_force

(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 based on the failure of the transfer to satisfy the conditions of AS 09.60.200  09.60.230.
Alaska Stat. § 09.55.560 — AK Code / Title 9 / Chapter 09.55 / Section 09.55.560
Definitions.
Status: in_force

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 under AS 08.11 ; a chiropractor licensed under AS 08.20 ; a dental hygienist licensed under AS 08.32 ; a dentist licensed under AS 08.36 ; a nurse licensed under AS 08.68 ; a dispensing optician licensed under AS 08.71 ; a naturopath licensed under AS 08.45 ; an optometrist licensed under AS 08.72 ; a pharmacist licensed under AS 08.80 ; a physical therapist or occupational therapist licensed under AS 08.84 ; a physician or physician assistant licensed under AS 08.64 ; a podiatrist; a psychologist and a psychological associate licensed under AS 08.86 ; a hospital as defined in AS 47.32.900 , including a governmentally owned or operated hospital; an employee of a health care provider acting within the course and scope of employment; an ambulatory surgical facility and other organizations whose primary purpose is the delivery of health care, including a health maintenance organization, individual practice association, integrated delivery system, preferred provider organization or arrangement, and a physical hospital organization;

(3) panel means an expert advisory panel established under AS 09.55.536 ;

(4) professional negligence means a negligent act or omission by a health care provider in rendering professional services;

(5) professional services means service provided by a health care provider that is within the scope of services for which the health care provider is licensed and that is not prohibited under the health care provider's license or by a facility in which the health care provider practices.

Article 7. Survival and Wrongful Death Actions.
Alaska Stat. § 09.20.120 — AK Code / Title 9 / Chapter 09.20 / Section 09.20.120
Disobedience to subpoena.
Status: in_force

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 civil action.
Alaska Stat. § 09.25.070 — AK Code / Title 9 / Chapter 09.25 / Section 09.25.070
Evidence of publication.
Status: in_force

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 which the publication was made.
Alaska Stat. § 09.45.500 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.500
Vested or contingent future rights or estate.
Status: in_force

In cases of sales in partition, when it appears that a person has a vested or contingent future right or estate in any of the property sold, the court shall determine the proportional value of the contingent or vested right or estate according to the principles of law applicable to annuities and survivorship, and shall direct that portion of the proceeds of the sale to be invested, secured, or paid over in a manner that will protect the rights and interests of the parties.
Alaska Stat. § 09.45.180 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.180
Sale of encumbered property.
Status: in_force

The sale of the encumbered property shall be conducted in the same manner as the sale of real property on execution. A deficiency between the amount of the judgment and the sale price may be enforced by execution.
Alaska Stat. § 09.45.060 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.060
Prohibition of use of force for entry on realty.
Status: in_force

A person may not enter upon any land, tenement, or other real property except in cases where entry is given by law. In those cases the entry may not be made with force but only in a peaceable manner.
Alaska Stat. § 09.45.140 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.140
Agricultural tenant.
Status: in_force

When the leasing or occupation is for the purpose of farming or agriculture, the tenant or person in possession shall, after the termination of the lease or occupancy, have free access to the premises to cultivate and harvest or gather any crop or produce of the soil planted or sown by the tenant or person before the service of the notice to quit.
Alaska Stat. § 09.40.030 — AK Code / Title 9 / Chapter 09.40 / Section 09.40.030
Property subject to attachment.
Status: in_force

All property in the state not exempt from execution may be attached.
Alaska Stat. § 09.43.560 — AK Code / Title 9 / Chapter 09.43 / Section 09.43.560
Uniformity of application and construction.
Status: in_force

In applying and construing AS 09.43.300  09.43.595, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the Revised Uniform Arbitration Act.
Alaska Stat. § 09.35.320 — AK Code / Title 9 / Chapter 09.35 / Section 09.35.320
Arrest of judgment debtor and undertaking.
Status: in_force

The court may order a peace officer to arrest the judgment debtor and bring the debtor before the court upon satisfactory proof that the debtor is leaving the state with intent to defraud the debtor's creditors or is absconding. Upon being brought before the court, the judgment debtor may be ordered to enter into an undertaking with one or more sufficient sureties that the debtor will appear before the court when directed, and that the debtor will not, during the pendency of the proceedings, dispose of any portion of the debtor's property not exempt from execution. In default of entering into the undertaking, the judgment debtor may be committed to jail.
Alaska Stat. § 09.10.030 — AK Code / Title 9 / Chapter 09.10 / Section 09.10.030
Actions to recover real property.
Status: in_force

(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 unless it appears that the plaintiff, an ancestor, a predecessor, or the grantor of the plaintiff was seized or possessed of the premises in question within 10 years before the commencement of the action.

(b) An action may be brought at any time by a person who was seized or possessed of the real property in question at some time before the commencement of the action or whose grantor or predecessor was seized or possessed of the real property in question at some time before commencement of the action, and whose ownership interest in the real property is recorded under AS 40.17 , in order to (1) quiet title to that real property; or

(2) eject a person from that real property.
Alaska Stat. § 09.45.580 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.580
Duties of clerk in securities and investments.
Status: in_force

The clerk in whose name a security is taken or by whom an investment is made shall receive the interest and principal as it becomes due, and apply and invest it as the court may direct. The clerk shall deposit in the clerk's office all securities taken, and keep an account in a book provided and kept for that purpose in the clerk's office, free for inspection by all persons, of investments and money received by the clerk from the investments, and their disposition.
Alaska Stat. § 09.45.169 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.169
Definitions.
Status: in_force

In AS 09.45.161  09.45.169, (1) filed means the acceptance of a document by a department or person having responsibility for the receipt and filing of documents that may be filed and that are presented for filing in the place of filing designated by law, whether or not under applicable law the department or person is directed to file the document;

(2) nonconsensual common law lien means a lien on real or personal property that (A) is not provided for by a specific state or federal statute or municipal ordinance;

(B) does not depend on the consent of the owner of the property affected for its existence; and

(C) is not an equitable, constructive, or other lien imposed by a court recognized under state or federal law;

(3) public servant means each of the following, whether compensated or not: (A) an officer or employee of the state, a municipality or other political subdivision of the state, or a governmental instrumentality of the state;

(B) a person who serves as a member of a board or commission created by statute or by legislative, judicial, or administrative action by the state, a municipality or other political subdivision of the state, or a governmental instrumentality;

(C) an officer or employee of a federal agency, a member of the military or naval forces of the United States, a member of the National Guard while engaged in training or duty, or a person acting on behalf of a federal agency in an official capacity, temporarily or permanently in the service of the United States, whether with or without compensation; or

(D) a person nominated, elected, appointed, employed, or designated to act in a capacity defined in (A)  (C) of this paragraph, but who does not occupy the position;

(4) record means the acceptance of a document by the recorder that the recorder has determined is recordable under AS 40.17 and that is presented for recording in the place of recording designated for the recording district where affected property is located whether or not the place of recording is in that district and whether or not under applicable law the recorder is directed to record the document;

(5) recorder means the commissioner of natural resources or the person designated by the commissioner of natural resources to perform the duties set out in AS 40.17 .

Article 4. Foreclosure of Liens.
Alaska Stat. § 09.55.040 — AK Code / Title 9 / Chapter 09.55 / Section 09.55.040
Compensation and expenses allowed.
Status: in_force

The members of the jury and witnesses are entitled to the same compensation as in civil actions in a district court, and the compensation and other incidental expenses shall be audited and allowed as in the case of other similar expenses.
Alaska Stat. § 09.68.115 — AK Code / Title 9 / Chapter 09.68 / Section 09.68.115
Bad check civil penalties.
Status: in_force

(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 by more than $1,000 and may be awarded only if (1) the plaintiff makes a written demand for payment of the check at least 15 days before commencing the action; and

(2) the defendant fails to tender, before the action commences, an amount equal to the amount of the check plus up to a maximum $30 fee.

(b) An action under this section may be brought as a small claims action if the amount claimed does not exceed the jurisdictional limits for small claims actions, or may be brought in any other court that has jurisdiction.

(c) After the beginning of an action under this section but before the case is tried, the defendant may satisfy the claim by tendering an amount of money equal to the amount of the check plus court, legal, and service costs incurred by the plaintiff up to a maximum of $150.

(d) In this section, (1) check has the meaning given in AS 11.46.280 ;

(2) dishonored means the nonpayment of a check because of (A) lack of funds;

(B) closure or nonexistence of an account; or

(C) a stop payment order issued without cause;

(3) written demand means a written notice to the issuer of a check personally delivered or sent by first class mail to the address shown on the dishonored check, advising the issuer that the check has been dishonored and explaining the civil penalties set out in this section.
Alaska Stat. § 09.10.080 — AK Code / Title 9 / Chapter 09.10 / Section 09.10.080
Actions related to escape to be brought in one year.
Status: in_force

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.
Alaska Stat. § 09.50.300 — AK Code / Title 9 / Chapter 09.50 / Section 09.50.300
Compromise by attorney general.
Status: in_force

Except as provided in AS 09.50.253 , the attorney general may, with the approval of the court, arbitrate, compromise, or settle any action filed under AS 09.50.250  09.50.300.
Alaska Stat. § 09.45.340 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.340
Estate of life or years.
Status: in_force

When a part of the property only is ordered to be sold, if there is an estate for life or years in an undivided share of the property, the estate may be set off in a part of the property not ordered to be sold.
Alaska Stat. § 09.30.250 — AK Code / Title 9 / Chapter 09.30 / Section 09.30.250
Uniformity of interpretation.
Status: in_force

AS 09.30.200  09.30.270 shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact the Uniform Enforcement of Foreign Judgments Act.
Alaska Stat. § 09.25.485 — AK Code / Title 9 / Chapter 09.25 / Section 09.25.485
Relationship to other recognized privileges.
Status: in_force

AS 09.25.450  09.25.490 do not limit, waive, or abrogate the scope or nature of a statutory or common law privilege, including the work product doctrine, the attorney-client privilege, and any other privilege recognized by a court with appropriate authority in this state.
Alaska Stat. § 09.40.270 — AK Code / Title 9 / Chapter 09.40 / Section 09.40.270
Undertaking.
Status: in_force

A peace officer may not take personal property into custody until the plaintiff delivers to the peace officer the affidavit and undertaking of sufficient sureties to the effect that they are bound in double the value of the property for the prosecution of the action and the return of the property to the defendant, if return be adjudged, and for the payment to the defendant of any sum that may be recovered against the plaintiff.
Alaska Stat. § 09.30.120 — AK Code / Title 9 / Chapter 09.30 / Section 09.30.120
Grounds for nonrecognition.
Status: in_force

(a) A foreign judgment is not conclusive if (1) the judgment was rendered under a system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;

(2) the foreign court did not have personal jurisdiction over the defendant; or

(3) the foreign court did not have jurisdiction over the subject matter.

(b) A foreign judgment need not be recognized if (1) the defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable the defendant to defend;

(2) the judgment was obtained by fraud;

(3) the cause of action on which the judgment is based is repugnant to the public policy of this state;

(4) the judgment conflicts with another final and conclusive judgment;

(5) the proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be settled otherwise than by proceedings in that court; or

(6) in the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action.
Alaska Stat. § 09.25.480 — AK Code / Title 9 / Chapter 09.25 / Section 09.25.480
Exceptions to immunity; mitigation.
Status: in_force

(a) There is no immunity under AS 09.25.475 if a court or administrative hearing officer finds that (1) the owner or operator claiming the immunity has (A) intentionally, knowingly, or recklessly committed or authorized the violation;

(B) within the 36 months preceding the violation, committed, at the same facility or associated facilities located in the state, a pattern of violations that are the same as or closely related to the violation for which the immunity is sought; or

(C) not attempted to bring the facility, operation, or property into compliance so as to constitute a pattern of disregard of environmental laws;

(2) the violation was authorized or committed intentionally, knowingly, or recklessly by a member of the owner's or operator's management and the owner's or operator's policies contributed materially to the occurrence of the violation; or

(3) the owner or operator, after taking into account the cost of completing corrective and remedial measures within a reasonable time and implementing appropriate measures to prevent recurrence of the violation, realized substantial economic savings in not complying with the requirement for which a violation is charged; the exception to immunity in this paragraph applies only to that portion of a penalty that reflects the economic savings of noncompliance after taking into account the cost of completing the corrective, remedial, and preventive measures necessary to qualify for immunity.

(b) There is no immunity under AS 09.25.475 from an administrative or civil penalty for the violation of an administrative or court order or for violation of a term or condition of an administrative or court order.

(c) An administrative or civil penalty that is imposed on an owner or operator for violation of an environmental law when the owner or operator has made a voluntary disclosure under AS 09.25.475 (a) but is not granted immunity because of (a) of this section may, to the extent appropriate and not prohibited by law, be mitigated by (1) the good faith actions of the owner or operator in disclosing the violation;

(2) efforts by the owner or operator to conduct environmental audits and to complete any resulting implementation plan or tracking system for corrective and preventive action;

(3) remediation;

(4) cooperation with government officials investigating the disclosed violation;

(5) the nature of the violation; and

(6) other relevant considerations.
Alaska Stat. § 09.45.882 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.882
Written response to notice of claim.
Status: in_force

(a) Within 21 days after service of the notice under AS 09.45.881 , the construction professional shall serve a written response on the claimant.

(b) The written response under (a) of this section must state that the construction professional (1) offers to inspect the dwelling that is the subject of the claim within a specified time to determine if the construction professional will offer to repair the defect, will compromise and settle the claim by payment of money, or will dispute the claim;

(2) offers to compromise and settle the claim by a payment of money without inspection; or

(3) disputes the claim and will not repair the alleged defect or compromise and settle the claim by a payment of money.
Alaska Stat. § 09.10.040 — AK Code / Title 9 / Chapter 09.10 / Section 09.10.040
Action upon judgment or sealed instrument in 10 years.
Status: reserved

(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 132 SLA 1998.]
Alaska Stat. § 09.55.400 — AK Code / Title 9 / Chapter 09.55 / Section 09.55.400
Deposit into court of estimated compensation and damages; costs and fees.
Status: in_force

The order given under AS 09.55.390 requiring the parties in possession to surrender possession to the plaintiff shall require that the plaintiff deposit with the clerk of the court an amount of money determined by the court fairly to represent the estimated compensation and the estimated damages to the defendant and for the speedy occupation, including reasonable relocation costs if required. In addition the court shall include in its order a further requirement that the plaintiff execute and file with the clerk of the court a bond, approved as to form and as to sufficiency of the sureties by the court, in an amount equal to the amount of money required to be deposited, conditioned upon payment to the defendant of additional damages and costs found to be due to the defendant in the action. Costs or attorney fees may not be assessed against the defendant in an action brought under AS 09.55.390 .
Alaska Stat. § 09.45.310 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.310
Effect of judgment.
Status: in_force

Upon hearing and confirmation of the report, the court shall give judgment that the partition be effectual forever, which judgment is binding and conclusive on (1) all parties named as parties to the action, and their legal representatives, who have at the time an interest in the property divided or a part of it as owners in fee or as tenants for life or for years or as entitled to the reversion, remainder, or inheritance of the property or a part of it, after the termination of a particular estate, and who by any contingency may be entitled to a beneficial interest in the property or who have an interest in an undivided share of it as tenants for years or for life;

(2) persons interested in the property, who may be unknown, to whom notice was given of the action for partition by publication;

(3) other persons claiming from the parties or persons or either of them.
Alaska Stat. § 09.55.530 — AK Code / Title 9 / Chapter 09.55 / Section 09.55.530
Declaration of purpose.
Status: in_force

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.
Alaska Stat. § 09.30.270 — AK Code / Title 9 / Chapter 09.30 / Section 09.30.270
Short title.
Status: in_force

AS 09.30.200  09.30.270 may be cited as the Uniform Enforcement of Foreign Judgments Act.
Alaska Stat. § 09.65.215 — AK Code / Title 9 / Chapter 09.65 / Section 09.65.215
Immunity of peace officer for use of body wire eavesdropping device.
Status: in_force

(a) A peace officer who intercepts an oral communication by use of an electronic, mechanical, or other eavesdropping device that is concealed on or carried on the person of the peace officer and that transmits that oral communication by means of radio to a receiving unit that is monitored by other peace officers, or who monitors the receiving unit, is not liable for damages to a person whose oral communication is intercepted if (1) the interception and monitoring occurs (A) during the investigation of a crime or the arrest of a person for a crime; and

(B) for the purpose of ensuring the safety of the peace officer conducting the investigation or making the arrest;

(2) the peace officer who intercepts the oral communication is a party to the communication and has consented to the interception; and

(3) the communication intercepted is not recorded.

(b) In this section, (1) intercept has the meaning given in AS 42.20.390 ;

(2) oral communication has the meaning given in AS 42.20.390 ;

(3) peace officer has the meaning given in AS 11.81.900 (b).
Alaska Stat. § 09.60.030 — AK Code / Title 9 / Chapter 09.60 / Section 09.60.030
Guardian's responsibility for allowance against infant plaintiff.
Status: in_force

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.
Alaska Stat. § 09.45.070 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.070
Action for forcible entry or detention.
Status: reserved

(a) When a forcible entry is made upon a premises, or when an entry is made in a peaceable manner and the possession is held by force, the person entitled to the premises may maintain an action to recover the possession.

(b) [Repealed, § 1 ch 73 SLA 1966.]
Alaska Stat. § 09.65.230 — AK Code / Title 9 / Chapter 09.65 / Section 09.65.230
Innocent misrepresentations by agents in real property transfers.
Status: in_force

The agent of a transferor or transferee is not liable for an innocent misrepresentation in information provided to the transferor or transferee in the transfer of an interest in real property if the agent does not have personal knowledge of the error, inaccuracy, or omission that is the basis for the misrepresentation.
Alaska Stat. § 09.70.010 — AK Code / Title 9 / Chapter 09.70 / Section 09.70.010
Applicability of title.
Status: in_force

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 feasible or would work injustice, in which event, the laws in effect before January 1, 1963, apply.
Alaska Stat. § 09.43.550 — AK Code / Title 9 / Chapter 09.43 / Section 09.43.550
Appeals.
Status: in_force

(a) An appeal may be taken from (1) an order denying an application to compel arbitration;

(2) an order granting an application to stay arbitration;

(3) an order confirming or denying confirmation of an award;

(4) an order modifying or correcting an award;

(5) an order vacating an award without directing a rehearing; or

(6) a final judgment entered under AS 09.43.300  09.43.595.

(b) An appeal under this section shall be taken as from an order or a judgment in a civil action.
Alaska Stat. § 09.65.305 — AK Code / Title 9 / Chapter 09.65 / Section 09.65.305
Immunity for distributing free recycled used eyeglasses.
Status: in_force

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 optometrist; and

(2) the organization obtains informed consent from the person receiving the eyeglasses and provides the person receiving the eyeglasses advance written notice of the immunity provided under this section.
Alaska Stat. § 09.80.160 — AK Code / Title 9 / Chapter 09.80 / Section 09.80.160
Interoperability.
Status: in_force

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 interacting with governmental agencies of this state. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application.
Alaska Stat. § 09.55.030 — AK Code / Title 9 / Chapter 09.55 / Section 09.55.030
Verdict and entry of order.
Status: in_force

If the jury by their unanimous verdict in writing find that sufficient evidence has been presented to them from which it fairly may be presumed that the missing person has met death, and if the judge or magistrate approves the finding, then, after a period of six months has elapsed, the person shall be presumed to be dead and the judge or magistrate shall enter an order to that effect. However, in cases where there is clear and convincing evidence of the presumed death the judge or magistrate may sooner enter the order.
Alaska Stat. § 09.25.030 — AK Code / Title 9 / Chapter 09.25 / Section 09.25.030
Representations as to credit, skill, or character of a third person.
Status: in_force

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.
Alaska Stat. § 09.58.100 — AK Code / Title 9 / Chapter 09.58 / Section 09.58.100
Definitions.
Status: in_force

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 the money, property, or services requested or demanded, or when the state will, directly or indirectly, reimburse the contractor, grantee, or other recipient for a portion of the money, property, or services requested or demanded;

(3) controversy means the aggregate of one or more false claims submitted by the same medical assistance provider or medical assistance recipient under this chapter;

(4) knowingly means that a person, with or without specific intent to defraud, (A) has actual knowledge of the information;

(B) acts in deliberate ignorance of the truth or falsity of the information; or

(C) acts in reckless disregard of the truth or falsity of the information;

(5) medical assistance program means the federal-state program administered by the Department of Health under AS 47.05 and AS 47.07 and regulations adopted under AS 47.05 and AS 47.07 ;

(6) medical assistance provider has the meaning given in AS 47.05.290 ;

(7) medical assistance recipient has the meaning given in AS 47.05.290 ;

(8) obligation means an established duty, whether or not fixed, arising from (A) an express or implied contractual grantor or grantee or licensor or licensee relationship;

(B) a fee-based or similar relationship;

(C) a statute or regulation; or

(D) the retention of any overpayment.
Alaska Stat. § 09.45.690 — AK Code / Title 9 / Chapter 09.45 / Section 09.45.690
Failure to pay rent.
Status: in_force

Unless otherwise provided in the lease, a landlord has a right to re-enter leased premises when a tenant fails to pay rent, and may bring action to recover the possession of the premises and the action is equivalent to a demand of the rent. If, at any time before judgment, the lessee or a successor in interest pays the amount of rent in arrears with interest and costs of the action and performs the other covenants or agreements, the lessee or successor is entitled to continue in possession unless otherwise provided in the lease.
Alaska Stat. § 09.43.040 — AK Code / Title 9 / Chapter 09.43 / Section 09.43.040
Majority action by arbitrators.
Status: in_force

The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by AS 09.43.010  09.43.180.
Alaska Stat. § 09.38.090 — AK Code / Title 9 / Chapter 09.38 / Section 09.38.090
Assertion of rights by another.
Status: in_force

If an individual fails to select property entitled to be claimed as exempt or to object to a levy on the property or to assert any other right under this chapter, the spouse or a dependent of the individual or any other person authorized by law may make the claim or objection or assert the rights provided by this chapter.
Alaska Stat. § 09.55.310 — AK Code / Title 9 / Chapter 09.55 / Section 09.55.310
Hearing.
Status: in_force

(a) The jury or master shall hear the allegations and evidence of persons interested and shall ascertain and assess the following: (1) the value of the property sought to be condemned, and all improvements on it pertaining to the realty, and of each separate estate or interest in it; if it consists of different parcels, the value of each parcel and each estate or interest in each parcel shall be separately assessed;

(2) if the property sought to be condemned constitutes only a part of a larger parcel, the damages that will accrue to the portion not sought to be condemned by reason of its severance from the portion sought to be condemned, and the construction of the improvements in the manner proposed by the plaintiff;

(3) separately, how much the portion not sought to be condemned and each estate or interest in it will be benefited, if at all, by the construction of the improvements proposed by the plaintiff; and, if the benefit is equal to the damages assessed under (2) of this section, the owner of the parcel shall be allowed no damages except the value of the portion taken; but if the benefits are less than the damages so assessed, the former shall be deducted from the latter and the remainder shall be the only damages allowed in addition to the value;

(4) if the property sought to be condemned is for a railroad, the cost of good and sufficient fences along the line of the railroad, and the cost of cattle guards where fences may cross the line of the railroad.

(b) As far as practicable, compensation shall be assessed for each source of damages separately.
Alaska Stat. § 09.20.040 — AK Code / Title 9 / Chapter 09.20 / Section 09.20.040
Compliance with statute.
Status: in_force

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.
Alaska Stat. § 09.55.470 — AK Code / Title 9 / Chapter 09.55 / Section 09.55.470
Suits on undertakings.
Status: in_force

(a) The official undertaking or other security of a public officer to the state, a borough, city, town, or other municipal or public corporation of like character therein is considered a security to the state or to the borough, city, town, or other municipal or public corporation, as the case may be, and also to all persons severally for the official delinquency against which it is intended to provide.

(b) When a public officer, by official misconduct or neglect of duty, forfeits the officer's official undertaking or other security or renders the sureties liable upon the undertaking or other security, a person injured by the misconduct or neglect or who is by law entitled to the benefit of the security may maintain an action thereon in the person's own name against the officer and the sureties to recover the amount to which the person may be entitled.
Alaska Stat. § 09.80.195 — AK Code / Title 9 / Chapter 09.80 / Section 09.80.195
Short title.
Status: in_force

This chapter may be cited as the Uniform Electronic Transactions Act.