reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 10. Limitations of Actions › Sec. 09.10.140. Disabilities of minority and incompetency.

(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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 10. Limitations of Actions › Sec. 09.10.200. Acknowledgment or promise.

No acknowledgment or promise is sufficient evidence of a new or continuing contract to take the case out of the operation of this chapter unless the acknowledgment or promise is contained in writing, signed by the party to be charged, and, as to instruments affecting real estate, acknowledged and recorded in the office of the recorder of the district where the original contract was filed or recorded. This section does not alter the effect of any payment of principal or interest.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 10. Limitations of Actions › Sec. 09.10.220. Action arising in other jurisdictions between nonresidents.

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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 10. Limitations of Actions › Sec. 09.10.230. Certain actions relating to real property.

A person may not bring an action for the determination of a right or claim to or interest in real property unless commenced within the limitations provided for actions for the recovery of the possession of real property. However, a person may not bring an action to set aside, cancel, annul, or otherwise affect a patent to land issued by this state or the United States, or to compel a person claiming or holding under a patent to convey the land described in the patent or a portion of the land to the plaintiff in the action, or to hold the land in trust for or to the use and benefit of the plaintiff, or on account of any matter, thing, or transaction that was had, done, suffered, or transpired before the date of the patent unless the action is commenced within 10 years from the date of the patent. In an action upon a new promise, fraud, or mistake, the running of the time within which an action may be commenced starts from the making of the new promise or the discovery of the fraud or mistake. This section does not bar an equitable owner in possession of real property from defending possession by means of the equitable title. The right of an equitable owner to defend possession in an action or by complaint for injunction is not barred by lapse of time while an action for the possession of the real property is not barred by the provisions of this chapter.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 10. Limitations of Actions › Sec. 09.10.240. Commencement of action after dismissal or reversal.

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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 15. Parties › Sec. 09.15.020. Parents or guardian may sue for seduction of child.

A parent may maintain an action as plaintiff for the seduction of a child below the age of majority. The guardian may maintain an action as plaintiff for the seduction of a ward. The action may be maintained even though the child or ward is not living with or in the service of the plaintiff at the time of the seduction or afterwards and there is no loss of service.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 17. Civil Damages and Apportionment of Fault › Sec. 09.17.010. Noneconomic damages.

(a) In an action to recover damages for personal injury or wrongful death, all damage claims for noneconomic losses shall be limited to compensation for pain, suffering, inconvenience, physical impairment, disfigurement, loss of enjoyment of life, loss of consortium, and other nonpecuniary damage.
(b) Except as provided under (c) of this section, the damages awarded by a court or a jury under (a) of this section for all claims, including a loss of consortium claim, arising out of a single injury or death may not exceed $400,000 or the injured person's life expectancy in years multiplied by $8,000, whichever is greater.
(c) In an action for personal injury, the damages awarded by a court or jury that are described under (b) of this section may not exceed $1,000,000 or the person's life expectancy in years multiplied by $25,000, whichever is greater, when the damages are awarded for severe permanent physical impairment or severe disfigurement.
(d) Multiple injuries sustained by one person as a result of a single incident shall be treated as a single injury for purposes of this section.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 17. Civil Damages and Apportionment of Fault › Sec. 09.17.060. Effect of contributory fault.

In an action based on fault seeking to recover damages for injury or death to a person or harm to property, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for the injury attributable to the claimant's contributory fault, but does not bar recovery.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 17. Civil Damages and Apportionment of Fault › Sec. 09.17.070. Collateral benefits.

(a) After the fact finder has rendered an award to a claimant, and after the court has awarded costs and attorney fees, a defendant may introduce evidence of amounts received or to be received by the claimant as compensation for the same injury from collateral sources that do not have a right of subrogation by law or contract.
(b) If the defendant elects to introduce evidence under (a) of this section, the claimant may introduce evidence of
(1) the amount that the actual attorney fees incurred by the claimant in obtaining the award exceed the amount of attorney fees awarded to the claimant by the court; and
(2) the amount that the claimant has paid or contributed to secure the right to an insurance benefit introduced by the defendant as evidence.
(c) If the total amount of collateral benefits introduced as evidence under (a) of this section exceeds the total amount that the claimant introduced as evidence under (b) of this section, the court shall deduct from the total award the amount by which the value of the nonsubrogated sum awarded under (a) of this section exceeds the amount of payments under (b) of this section.
(d) Notwithstanding (a) of this section, the defendant may not introduce evidence of
(1) benefits that under federal law cannot be reduced or offset;
(2) a deceased's life insurance policy; or
(3) gratuitous benefits provided to the claimant.
(e) This section does not apply to a medical malpractice action filed under AS 09.55.
(f) Notwithstanding any other provision of this section, if the teachers' retirement system (AS 14.25) or the public employees' retirement system (AS 39.35) obtains an award of damages or other recovery in compensation for harms caused by the wrongful or negligent conduct of a third party, the award of damages or other recovery is not subject to reduction under this section on account of additional state contributions under AS 14.25.085 or AS 39.35.280.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 17. Civil Damages and Apportionment of Fault › Sec. 09.17.080. Apportionment of damages.

(a) In all actions involving fault of more than one person, including third-party defendants and persons who have settled or otherwise been released, the court, unless otherwise agreed by all parties, shall instruct the jury to answer special interrogatories or, if there is no jury, shall make findings, indicating
(1) the amount of damages each claimant would be entitled to recover if contributory fault is disregarded; and
(2) the percentage of the total fault that is allocated to each claimant, defendant, third-party defendant, person who has been released from liability, or other person responsible for the damages unless the person was identified as a potentially responsible person, the person is not a person protected from a civil action under AS 09.10.055, and the parties had a sufficient opportunity to join that person in the action but chose not to; in this paragraph, “sufficient opportunity to join” means the person is
(A) within the jurisdiction of the court;
(B) not precluded from being joined by law or court rule; and
(C) reasonably locatable.
(b) In determining the percentages of fault, the trier of fact shall consider both the nature of the conduct of each person at fault, and the extent of the causal relation between the conduct and the damages claimed.
(c) The court shall determine the award of damages to each claimant in accordance with the findings and enter judgment against each party liable. The court also shall determine and state in the judgment each party's equitable share of the obligation to each claimant in accordance with the respective percentages of fault as determined under (a) of this section. Except as provided under AS 23.30.015(g), an assessment of a percentage of fault against a person who is not a party may only be used as a measure for accurately determining the percentages of fault of a named party. Assessment of a percentage of fault against a person who is not a party does not subject that person to civil liability in that action and may not be used as evidence of civil liability in another action.
(d) The court shall enter judgment against each party liable on the basis of several liability in accordance with that party's percentage of fault.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 17. Civil Damages and Apportionment of Fault › Sec. 09.17.900. Definition.

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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 19. Prisoner and Correctional Facility Litigation Against the State › Sec. 09.19.010. Limitation on exemption from filing fees.

(a) A prisoner may not commence litigation against the state unless the prisoner has paid full filing fees to the court or is a claimant under AS 23.20, except that the court may exempt a prisoner from paying part of those fees if the court finds exceptional circumstances as described in this section.
(b) To apply for a filing fee exemption, a prisoner shall submit to the court
(1) an affidavit that clearly discloses that the person is a prisoner and that sets out
(A) the prisoner's complete financial situation, including the prisoner's income, money in financial accounts, assets, and court-ordered payments;
(B) the circumstances that prevent the prisoner from paying full filing fees; and
(C) the nature of the action or appeal and specific facts that would, if proven, state a claim on which relief can be granted or entitle the prisoner to reversal on appeal;
(2) a certified copy of the prisoner's account statement from the correctional facility in which the prisoner is being or has been held for the six-month period preceding the submission of the application; and
(3) other documentation or financial information as the court may require.
(c) Based on the submission under (b) of this section, the court may grant an exemption from part of the applicable filing fees if the court finds that exceptional circumstances prevent the prisoner from paying full filing fees. Imprisonment and indigency do not constitute exceptional circumstances if the prisoner has available income or resources that can be applied to the filing fee.
(d) If the court orders an exemption under (c) of this section, the court shall determine the amount of the exemption and set a filing fee to be paid by the prisoner. In setting the fee, the court, at a minimum, shall require the prisoner to pay filing fees equal to 20 percent of the larger of the average monthly deposits made to the prisoner's account described in (b)(2) of this section, or the average balance in that account, not to exceed the amount of the full filing fee required under applicable court rules.
(e) The court shall mail or otherwise serve its order under (d) of this section on the prisoner. Along with its order, the court shall give written notice that the case or appeal will not be accepted for filing if payment of a filing fee is not made within 30 days after the date of distribution of the order, unless the time for payment is extended by the court. If timely payment is not made, the court may not accept any filing in the case or appeal. If payment is made, the prisoner's filing and supporting documents shall be accepted for filing with the court.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 19. Prisoner and Correctional Facility Litigation Against the State › Sec. 09.19.020. Dismissal for material misstatements.

If a prisoner has filed litigation against the state, the court shall dismiss that litigation if the court finds that the pleadings filed by the prisoner or an application filed by the prisoner to obtain an exemption under AS 09.19.010 contain a material statement made by the prisoner that is not true.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 19. Prisoner and Correctional Facility Litigation Against the State › Sec. 09.19.030. Stay in prisoner disciplinary appeals.

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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 19. Prisoner and Correctional Facility Litigation Against the State › Sec. 09.19.040. Injunctions or orders imposing obligations in prisoner cases.

In litigation against the state brought by a prisoner, a court may not enter an injunction or issue an order or decision that would impose an obligation on the state or its employees that would exceed the obligations imposed by the United States Constitution, the Constitution of the State of Alaska, and applicable federal and state statutes and regulations, unless the obligation is agreed to by the state.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 19. Prisoner and Correctional Facility Litigation Against the State › Sec. 09.19.100. Definitions.

In this chapter,
(1) “litigation against the state” means a civil action or an appeal from a civil action or from the final decision of an administrative agency, a petition for review, a petition for hearing, an original application for relief, or another action filed under the Alaska Rules of Appellate Procedure that
(A) involves the state, an officer or agent of the state, or a state employee, or a former officer or agent of the state or state employee, regarding conduct that occurred during that former officer's, agent's, or employee's state employment or agency, whether the officer, agent, or employee is sued in an official or a personal capacity; and
(B) is related to a person's status or treatment as a prisoner, to a criminal charge against or involving the person, or to an alleged violation of the person's constitutional rights;
(2) “prisoner” has the meaning given in AS 33.30.901.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 20. Trial › Article 1. Jurors and Verdict. › Sec. 09.20.010. Qualification of jurors; interpreters.

(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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 20. Trial › Article 1. Jurors and Verdict. › Sec. 09.20.020. Disqualification of jurors.

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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 20. Trial › Article 1. Jurors and Verdict. › Sec. 09.20.025. Limitation on jury service.

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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 20. Trial › Article 1. Jurors and Verdict. › Sec. 09.20.030. Exemptions.

(a) A person may claim exemption and may be excused from service as a juror if it is shown that the person's health, the health or proper care of the person's family, a permanent physical or mental disability, or other substantial hardship expected to last more than two years makes it necessary for the person to be excused, or if the person is a judicial officer.
(b) A person may claim exemption and shall be excused by the court from service as a juror during the school term if it is shown that the person is a teacher in a school that is designated as a low performing school under regulations adopted by the state Board of Education and Early Development. In this subsection, “teacher” means a person who serves a school district in a teaching capacity in a classroom setting and is required to be certificated in order to hold the position.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 20. Trial › Article 1. Jurors and Verdict. › Sec. 09.20.035. Deferral of jury service.

A person may have jury service deferred if the person shows that jury service at the time for which the person is summoned will cause hardship to that person or another, that transportation problems make it temporarily impossible for the person to serve, or that the person summoned is employed as a full-time or temporary election official and the jury service is during the month in which a primary or general election is held. Jury service may be deferred under this section only if the person seeking the deferment agrees to a deferred date. Jury service may not be deferred for more than 10 months from the date the initial jury service was to begin.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 20. Trial › Article 1. Jurors and Verdict. › Sec. 09.20.037. Protection for employee on jury duty.

(a) An employer may not deprive an employee of employment or threaten, coerce, or penalize an employee because the employee receives or responds to a summons for jury service, serves as a juror, or attends court for prospective jury service. This section does not require an employer to pay wages to an employee for time spent on jury service or in court for prospective jury service.
(b) If an employer violates this section, the employee may bring a civil action to recover wages lost as a result of the violation, other damages that resulted from the violation, and may also seek an order requiring the reinstatement of the employee.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 20. Trial › Article 1. Jurors and Verdict. › Sec. 09.20.050. Jury list.

(a) At such times as need may require, but not later than November 30 of each year, the administrative director of the Alaska Court System shall prepare for each judicial district a list of the names of the residents of the district who are qualified by law for jury service. If the superior court is located in different cities in the same judicial district, the administrative director shall prepare for each location of the court a list of the names of the qualified residents of that portion of the district considered to be appropriate.
(b) The jury list shall be based on a list prepared by the Department of Revenue of all persons who filed an application for a distribution of Alaska permanent fund income under AS 43.23 during the current calendar year that shows an Alaska address, and of all persons who volunteer for jury duty under (d) of this section. If considered necessary by the administrative director of the Alaska Court System, the jury list shall incorporate a list prepared by the Department of Administration of all persons who hold a valid Alaska driver's license. The departments shall submit their respective lists to the Alaska Court System not later than September 30 of each year. To the extent that it is available, the departments shall include on the lists they submit the following information for each person: first name, middle initial, and last name; mailing address, including the zip code; and birth date. The lists shall be recorded on magnetic tape compatible with Alaska Court System data processing equipment.
(c) A copy of the appropriate portion of the jury list shall be transmitted to the presiding judge of each judicial district and shall only be used to summon jurors and for other purposes of judicial administration. Duplicate names and the names of deceased persons and persons permanently excused from jury service shall be eliminated from the list before it is transmitted to the presiding judge. A questionnaire for prospective jurors may be adopted and submitted to them by the administrative director of the Alaska Court System.
(d) A person who is qualified as a juror under AS 09.20.010 and is not disqualified from serving as a juror by AS 09.20.020 may volunteer for jury duty by contacting the administrative director of the Alaska Court System and providing the information the administrative director may require.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 20. Trial › Article 1. Jurors and Verdict. › Sec. 09.20.060. Use of jury box or computer list.

The clerk of the court shall write the names included in the list on separate pieces of paper or prepare metal, plastic, or other types of pieces to correspond to numbers on the jury list. As directed by the court, the clerk shall deposit the named or numbered pieces in the jury box in a number and manner to assure a fair and impartial drawing of the jury panel. A randomly generated computer list of prospective jurors may be used in place of the jury box. The jury box and the named or numbered pieces, or the computer list may be examined by the parties or by an attorney authorized to practice law in the state within limitations and under conditions prescribed by the court.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 20. Trial › Article 1. Jurors and Verdict. › Sec. 09.20.070. Public drawing for jurors for panel.

Under the direction of the court the clerk shall conduct the public drawing of jurors for the panel by shaking the box to mix the named or numbered pieces. The clerk shall then draw as many names or numbers as are ordered by the court to fill the jury panel. A random selection of the jury panel by computer may be used in place of the public drawing of names. If the name or number of a person is drawn or selected and the person is deceased, unqualified, disqualified, or the person's attendance cannot be obtained within a reasonable time or may involve a large and unnecessary expense, and the fact appears to the satisfaction of the court through the use of questionnaires or otherwise, the court may reject the name of that person and direct that the name or number of another be drawn.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 20. Trial › Article 1. Jurors and Verdict. › Sec. 09.20.080. Jury panel.

(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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 20. Trial › Article 1. Jurors and Verdict. › Sec. 09.20.090. Impaneling the trial jury.

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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 20. Trial › Article 1. Jurors and Verdict. › Sec. 09.20.100. Verdicts.

In a civil case tried by a jury in any court, whether of record or not, not less than five-sixths of the jury may render a verdict, which is entitled to the legal effect of a unanimous verdict at common law. Special verdicts need not be concurred in by the same jurors.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 20. Trial › Article 2. Witnesses. › Sec. 09.20.120. Disobedience to subpoena.

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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 20. Trial › Article 2. Witnesses. › Sec. 09.20.130. Proceedings for examination of prisoner as a witness.

(a) If a witness is a prisoner confined in a prison in the state, a state court may order the prisoner's temporary removal and production before a state court for the purpose of being orally examined
(1) by the court or a judge of the court in which the action or proceeding is pending, unless it is a district court;
(2) by a judge of the superior or supreme court when the action or proceeding is pending in a district court, or when the witness's oral examination is required before a judge or other persons out of court.
(b) In any other case, a state court may order the examination in prison upon a deposition.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 20. Trial › Article 2. Witnesses. › Sec. 09.20.150. Witnesses are exonerated from civil arrest.

A person who has been served in good faith with a subpoena to attend as a witness before a court, judge, referee, or other official is exonerated from arrest in a civil action while going to the place of attendance, necessarily remaining there, and returning from there. The arrest of a witness contrary to this section is void, and when wilfully made is a contempt of court. The officer wilfully making it is responsible to the witness arrested for double the amount of damages that may be assessed against the witness, and is also liable to an action at the suit of the party serving the witness with the subpoena for the damages sustained by the party in consequence of the arrest.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 20. Trial › Article 2. Witnesses. › Sec. 09.20.160. Affidavit as prerequisite to officer's liability.

(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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 20. Trial › Article 2. Witnesses. › Sec. 09.20.180. Exclusion of witnesses from courtroom.

Except as provided in AS 12.61.010 and AS 47.12.110(b), upon the request of either party the judge may exclude from the courtroom any witness of the adverse party not under examination at the time so that the witness may not hear the testimony of other witnesses.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 20. Trial › Article 2. Witnesses. › Sec. 09.20.185. Expert witness qualification.

(a) In an action based on professional negligence, a person may not testify as an expert witness on the issue of the appropriate standard of care unless the witness is
(1) a professional who is licensed in this state or in another state or country;
(2) trained and experienced in the same discipline or school of practice as the defendant or in an area directly related to a matter at issue; and
(3) certified by a board recognized by the state as having acknowledged expertise and training directly related to the particular field or matter at issue.
(b) The provisions of (a) of this section do not apply if the state has not recognized a board that has certified the witness in the particular field or matter at issue.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 25. Evidence, Presumptions, and Privileges › Article 1. Evidence and Presumptions. › Sec. 09.25.020. Exceptions to statute of frauds.

A contract, promise, or agreement that is subject to AS 09.25.010, that does not satisfy the requirements of that section, but that is otherwise valid is enforceable if
(1) there has been full performance on one side accepted by the other in accordance with the contract;
(2) there is a memorandum that would satisfy the requirements of AS 09.25.010 except for error or omission in the recital of past events;
(3) there is a memorandum that would satisfy the requirements of AS 09.25.010 except for error or omission that could be corrected by reformation if it occurred in a formal contract;
(4) the party against whom enforcement is sought admits, voluntarily or involuntarily, in pleadings or at any other stage of this or any other action or proceeding the making of an agreement; or
(5) it is a contract of employment for a period not exceeding one year from the commencement of work under its terms.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 25. Evidence, Presumptions, and Privileges › Article 1. Evidence and Presumptions. › Sec. 09.25.030. Representations as to credit, skill, or character of a third person.

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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 25. Evidence, Presumptions, and Privileges › Article 1. Evidence and Presumptions. › Sec. 09.25.040. Rules for construing real estate descriptions.

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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 25. Evidence, Presumptions, and Privileges › Article 1. Evidence and Presumptions. › Sec. 09.25.051. Admissibility of DNA profiles.

(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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 25. Evidence, Presumptions, and Privileges › Article 1. Evidence and Presumptions. › Sec. 09.25.060. Fraud presumed from retention of possession.

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).
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 25. Evidence, Presumptions, and Privileges › Article 1. Evidence and Presumptions. › Sec. 09.25.070. Evidence of publication.

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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 25. Evidence, Presumptions, and Privileges › Article 1. Evidence and Presumptions. › Sec. 09.25.080. Right to receipt upon payment or delivery.

A person who pays money or delivers an instrument or property is entitled to a receipt for it from the person to whom the payment or delivery is made, and may demand a proper signature to the receipt as a condition of the payment or delivery.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 25. Evidence, Presumptions, and Privileges › Article 1. Evidence and Presumptions. › Sec. 09.25.090. Objections to tender.

The person to whom a tender is made shall at the time specify any objection the person may have to the money, instrument, or property, or the person waives it. If the objection is to the amount of money, the terms of the instrument, or the amount or kind of property, the person shall specify the amount, terms, or kind that the person requires, or is precluded from objecting later. This section may not be construed to modify or change in any manner corresponding provisions of AS 45.01 - AS 45.08, AS 45.12, AS 45.14, and AS 45.29 (Uniform Commercial Code).
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 25. Evidence, Presumptions, and Privileges › Article 2. Privilege of Public Officials and Reporters. › Sec. 09.25.300. Claiming of privilege by public official or reporter.

Except as provided in AS 09.25.300 - 09.25.390, a public official or reporter may not be compelled to disclose the source of information procured or obtained while acting in the course of duties as a public official or reporter.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 25. Evidence, Presumptions, and Privileges › Article 2. Privilege of Public Officials and Reporters. › Sec. 09.25.310. Challenge of privilege before superior or supreme court.

(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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 25. Evidence, Presumptions, and Privileges › Article 2. Privilege of Public Officials and Reporters. › Sec. 09.25.320. Challenge of privilege before other bodies.

(a) This section is applicable to a hearing held under the laws of this state
(1) before a court other than the supreme or a superior court;
(2) before a court commissioner, referee, or other court appointee;
(3) in the course of legislative proceedings or before a commission, agency, or committee created by the legislature;
(4) before an agency or representative of an agency of the state, borough, city or other municipal corporation, or other body; or
(5) before any other forum of this state.
(b) If, in a hearing, a public official or a reporter should refuse to divulge the source of information, the agency body, person, official, or party seeking the information may apply to the superior court for an order divesting the official or reporter of the privilege. When the issue is raised before the supreme or a superior court, the application must be made to that court.
(c) Application for an order shall be made by verified petition setting out the reasons why the disclosure is essential to the administration of justice, a fair trial in the instant proceeding, or the protection of the public interest. Upon application, the court shall determine the notice to be given to the public official or reporter and fix the time and place of hearing. The court shall make or cause to be made whatever inquiry the court thinks necessary, and make a determination of the issue as provided for in AS 09.25.310.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 25. Evidence, Presumptions, and Privileges › Article 2. Privilege of Public Officials and Reporters. › Sec. 09.25.330. Order subject to review.

An order of the superior court entered under AS 09.25.300 - 09.25.390 shall be subject to review by the supreme court, by appeal or by certiorari, as the rules of that court may provide. During the pendency of the appeal, the privilege shall remain in full force and effect.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 25. Evidence, Presumptions, and Privileges › Article 2. Privilege of Public Officials and Reporters. › Sec. 09.25.340. Extent of privilege.

When a public official or reporter claims the privilege conferred by AS 09.25.300 - 09.25.390 and the public official or reporter has not been divested of the privilege by order of the supreme or superior court, neither the public official or reporter nor the news organization with which the reporter was associated may thereafter be permitted to plead or prove the sources of information withheld, unless the informant consents in writing or in open court.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 25. Evidence, Presumptions, and Privileges › Article 2. Privilege of Public Officials and Reporters. › Sec. 09.25.350. Application of privilege in other courts.

AS 09.25.300 - 09.25.390 also apply to proceedings held under the laws of the United States or any other state where the law of this state is being applied.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 25. Evidence, Presumptions, and Privileges › Article 2. Privilege of Public Officials and Reporters. › Sec. 09.25.360. AS 09.25.300 - 09.25.390 do not abridge other privileges.

AS 09.25.300 - 09.25.390 may not be construed to abridge any of the privileges recognized under the laws of this state, whether at common law or by statute.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 25. Evidence, Presumptions, and Privileges › Article 2. Privilege of Public Officials and Reporters. › Sec. 09.25.390. Definitions for AS 09.25.300 - 09.25.390.

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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 25. Evidence, Presumptions, and Privileges › Article 3. Other Privileges. › Sec. 09.25.400. Privilege relating to domestic violence and sexual assault counseling.

Confidential communications between a victim of domestic violence or sexual assault and a victim counselor are privileged under AS 18.66.200 - 18.66.250.