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2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 55. Special Actions and Proceedings › Article 5. Official Bonds, Fines, and Forfeitures. › Sec. 09.55.510. Amount that may be claimed and recovered.

When an action is commenced for a penalty that by law is not to exceed a certain amount, the action may be commenced for that amount, and, if the judgment is given for the plaintiff, it may be for that amount or less, in the discretion of the court, in proportion to the offense.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 55. Special Actions and Proceedings › Article 5. Official Bonds, Fines, and Forfeitures. › Sec. 09.55.520. Collusive judgment not a bar to another action.

Recovery of a judgment for a penalty or forfeiture obtained by collusion between the plaintiff and defendant with intent to save the defendant wholly or partially from the consequence contemplated by law in cases where penalty or forfeiture is given wholly or partly to the person who prosecutes, does not bar the recovery of a penalty or forfeiture by another person in a separate action.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 55. Special Actions and Proceedings › Article 6. Medical Malpractice Actions. › Sec. 09.55.540. Burden of proof.

(a) In a malpractice action based on the negligence or wilful misconduct of a health care provider, the plaintiff has the burden of proving by a preponderance of the evidence
(1) that the plaintiff had a health care provider-patient relationship with the defendant at the time of the act complained of;
(2) the degree of knowledge or skill possessed or the degree of care ordinarily exercised under the circumstances, at the time of the act complained of, by health care providers in the field or specialty in which the defendant is practicing;
(3) that the defendant either lacked this degree of knowledge or skill or failed to exercise this degree of care; and
(4) that, as a proximate result of this lack of knowledge or skill or the failure to exercise this degree of care, the plaintiff suffered injuries that would not otherwise have been incurred.
(b) In malpractice actions there is no presumption of negligence on the part of the defendant.
(c) In this section, “health care provider-patient relationship” means a relationship between a health care provider and a patient formed for the purpose of the health care provider providing examination, diagnosis, or treatment to the patient.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 55. Special Actions and Proceedings › Article 6. Medical Malpractice Actions. › Sec. 09.55.544. Evidence.

(a) In a civil action or arbitration under AS 09.55.530 - 09.55.560, notwithstanding AS 09.43.050(2), 09.43.420(a), or 09.43.440(e), the following are not admissible as evidence:
(1) an expression of apology, sympathy, commiseration, compassion, or benevolence made orally, by conduct, or in writing by a health care provider or an employee of a health care provider to a patient, the patient's relative, or a legal representative of a patient concerning an unanticipated outcome of medical treatment or care regarding the patient's discomfort, pain, suffering, injury, or death;
(2) evidence of an offer made by a health care provider to a patient, the patient's relative, or a legal representative of a patient to correct or remediate an unanticipated outcome of medical treatment or care;
(3) evidence of conduct or statements by a health care provider to furnish, offer, accept, or promise to furnish or accept valuable consideration to compromise or attempt to compromise or settle a medical malpractice claim disputed as to validity or amount;
(4) evidence of furnishing, offering, or promising to pay medical, hospital, or similar expenses, in full or in part, by a health care provider following an unanticipated outcome of medical treatment or care;
(5) evidence of a health care provider requesting, demanding, inquiring, or directing another to write-off, offer, or promise to pay medical, hospital, or similar expenses, in whole or in part, following an unanticipated outcome of medical treatment or care.
(b) If an expression of apology, sympathy, commiseration, compassion, or benevolence made under (a)(1) of this section is made in conjunction with an admission of liability or negligence, only the expression of apology, sympathy, commiseration, compassion, or benevolence is inadmissible, and the admission of liability or negligence may be admissible as evidence.
(c) This section does not apply to an offer of judgment under AS 09.30.065.
(d) In this section,
(1) “legal representative” means a legal guardian, attorney, person designated to make decisions on behalf of a patient under a power of attorney, or patient's agent;
(2) “relative” means
(A) the spouse of the patient;
(B) a parent, grandparent, stepparent, child, stepchild, grandchild, brother, sister, half brother, or half sister of the patient;
(C) a parent of the patient's spouse; or
(D) an individual adopted by the patient.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 55. Special Actions and Proceedings › Article 6. Medical Malpractice Actions. › Sec. 09.55.545. Agreement to correct unanticipated outcome or settle claim; legal advice.

An agreement to correct an unanticipated outcome of medical treatment or care or to settle a claim of medical malpractice made between a health care provider and a patient or the patient's legal representative is voidable if the health care provider has not advised the patient or the patient's legal representative in writing that the patient or the patient's legal representative may seek legal advice.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 55. Special Actions and Proceedings › Article 6. Medical Malpractice Actions. › Sec. 09.55.546. Advance payments.

In an action to recover damages under AS 09.55.530 - 09.55.560, no advance payment made by the defendant health care provider or the professional liability insurer of the defendant to or on behalf of the plaintiff is admissible as evidence or may be construed as an admission of liability for injuries or damages suffered by the plaintiff; however, a final award in favor of the plaintiff shall be reduced to the extent of any advance payment. The advance payment shall inure to the exclusive benefit of the defendant or the insurer making the payment.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 55. Special Actions and Proceedings › Article 6. Medical Malpractice Actions. › Sec. 09.55.547. Pleading of damages.

In a cause of action against a health care provider for malpractice, the complaint or any other pleadings may not contain an ad damnum clause or monetary amount claimed against the defendant health care provider, except as necessary for jurisdictional purposes.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 55. Special Actions and Proceedings › Article 6. Medical Malpractice Actions. › Sec. 09.55.548. Awards; collateral source.

(a) Damages shall be awarded in accordance with principles of the common law. The fact finder in a malpractice action shall render any award for damages by category of loss. The court may enter a judgment that future damages be paid in whole or in part by periodic payments rather than by a lump-sum payment; the judgment must include, if necessary, other provisions to assure that funds are available as periodic payments become due. Insurance from an authorized insurer as defined in AS 21.97.900 is sufficient assurance that funds will be available. Any part of the award that is paid on a periodic basis shall be adjusted annually according to changes in the consumer price index in the community where the claimant resides. In this subsection, “future damages” includes damages for future medical treatment, care or custody, loss of future earnings, or loss of bodily function of the claimant.
(b) Except when the collateral source is a federal program that by law must seek subrogation and except death benefits paid under life insurance, a claimant may only recover damages from the defendant that exceed amounts received by the claimant as compensation for the injuries from collateral sources, whether private, group, or governmental, and whether contributory or noncontributory. Evidence of collateral sources, other than a federal program that must by law seek subrogation and the death benefit paid under life insurance, is admissible after the fact finder has rendered an award. The court may take into account the value of claimant's rights to coverage exhausted or depleted by payment of these collateral benefits by adding back a reasonable estimate of their probable value, or by earmarking and holding for possible periodic payment under (a) of this section that amount of the award that would otherwise have been deducted, to see if the impairment of claimant's rights actually takes place in the future.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 55. Special Actions and Proceedings › Article 6. Medical Malpractice Actions. › Sec. 09.55.549. Limitation on damages from health care provider's services.

(a) Notwithstanding AS 09.17.010, noneconomic damages for personal injury or death based on the provision of services by a health care provider may only be awarded as provided in this section.
(b) In an action to recover damages for personal injury or wrongful death based on the provision of services by a health care provider, damages may include both economic and noneconomic damages.
(c) 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, but may not include hedonic damages.
(d) Except as provided in (e) of this section, the damages awarded by a court or a jury under (c) of this section for all claims including a loss of consortium claim or other derivative claim arising out of a single injury may not exceed $250,000 regardless of the number of health care providers against whom the claim is asserted or the number of separate claims or causes of action brought with respect to the injury.
(e) The damages awarded by a court or jury under (c) of this section for all claims including a loss of consortium claim or other derivative claim arising out of a single injury or death may not exceed $400,000 regardless of the number of health care providers against whom the claim is asserted or the number of separate claims or causes of action brought with respect to the injury or death when damages are awarded for wrongful death or severe permanent physical impairment that is more than 70 percent disabling.
(f) The limitation on noneconomic damages in this section does not apply if the damages resulted from an act or omission that constitutes reckless or intentional misconduct.
(g) Multiple injuries sustained by one person as a result of a single course of treatment shall be treated as a single injury for purposes of this section.
(h) In this section,
(1) “economic damages” means objectively verifiable monetary losses incurred as a result of the provision of, use of, or payment for, or failure to provide, use, or pay for health care services or medical products, and includes past and future medical expenses, loss of past and future earnings, cost of obtaining domestic services, burial expenses, loss of use of property, cost of replacement or repair, loss of employment, and loss of business or employment opportunities;
(2) “health care provider” has the meaning given in AS 09.55.560 and includes a state agency or municipality the health care services of which are the subject of an action that is subject to this section;
(3) “hedonic damages” means damages that attempt to compensate for the pleasure of being alive.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 55. Special Actions and Proceedings › Article 6. Medical Malpractice Actions. › Sec. 09.55.550. Jury instructions.

In medical malpractice actions the jury shall be instructed that the plaintiff has the burden of proving the health care provider's negligence or wilful misconduct in accordance with the standard of proof specified in AS 09.55.540. The jury shall be further instructed that injury alone does not raise a presumption of the health care provider's negligence or misconduct.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 55. Special Actions and Proceedings › Article 6. Medical Malpractice Actions. › Sec. 09.55.556. Informed consent.

(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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 55. Special Actions and Proceedings › Article 6. Medical Malpractice Actions. › Sec. 09.55.560. Definitions.

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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 55. Special Actions and Proceedings › Article 7. Survival and Wrongful Death Actions. › Sec. 09.55.570. All causes of action survive.

All causes of action by one person against another, whether arising on contract or otherwise, except those involving defamation of character, survive to the personal representatives of the former and against the personal representatives of the latter, but this may not be construed so as to abate an action for a wrong where any party has died after the verdict or to defeat or prejudice the right of action given by AS 09.15.010. The personal representatives may maintain an action thereon against the party against whom the cause of action accrued, or, after the party's death, against the personal representatives of the party.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 55. Special Actions and Proceedings › Article 7. Survival and Wrongful Death Actions. › Sec. 09.55.580. Action for wrongful death.

(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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 55. Special Actions and Proceedings › Article 7. Survival and Wrongful Death Actions. › Sec. 09.55.585. Action for wrongful death of an unborn child; applicability.

(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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 55. Special Actions and Proceedings › Article 9. Actions by Crime Victims. › Sec. 09.55.650. Claim based on sexual abuse to a minor under 16 years of age.

(a) A person who, as a minor under 16 years of age, was the victim of sexual abuse may maintain an action for recovery of damages against the perpetrator of the act or acts of sexual abuse based on the perpetrator's intentional conduct for an injury or condition suffered as a result of the sexual abuse.
(b) If the defendant committed more than one act of sexual abuse on the plaintiff, the plaintiff is not required to prove which specific act caused the injury.
(c) In this section, “sexual abuse” means an act committed by the defendant against the plaintiff maintaining the cause of action if the defendant's conduct would have violated a provision of AS 11.41.410 - 11.41.440 or 11.41.450 - 11.41.458, former AS 11.15.120, 11.15.134, or 11.15.160, or former AS 11.40.110 at the time it was committed.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 58. Alaska Medical Assistance False Claim and Reporting Act › Sec. 09.58.015. Attorney general investigation; civil action.

(a) The attorney general or the Department of Health may investigate an alleged violation of AS 09.58.010. The attorney general may request assistance from the Department of Health in an investigation under this section.
(b) The attorney general may bring a civil action in superior court under AS 09.58.010 - 09.58.025.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 58. Alaska Medical Assistance False Claim and Reporting Act › Sec. 09.58.025. Subpoenas.

In conducting an investigation under AS 09.58.015, the attorney general may issue subpoenas to compel the production of books, papers, correspondence, memoranda, and other records in connection with an investigation under or the administration of AS 09.58.010 - 09.58.025. If a medical assistance provider or a medical assistance recipient fails or refuses, without just cause, to obey a subpoena issued under this section, the superior court may, upon application by the attorney general, issue an order requiring the medical assistance provider or medical assistance recipient to appear before the attorney general to produce evidence.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 58. Alaska Medical Assistance False Claim and Reporting Act › Sec. 09.58.070. Employee protection for retaliation.

(a) An employee of a medical assistance provider who is discharged, demoted, suspended, threatened, harassed, or discriminated against in the terms and conditions of employment by the employee's employer because of lawful acts done by the employee on behalf of the employee or others in furtherance of an action under this chapter, including investigation for, initiation of, testimony for or assistance in an action filed or to be filed under this chapter, is entitled to the same relief authorized under AS 39.90.120.
(b) Notwithstanding (a) of this section, a state employee who is discharged, demoted, suspended, threatened, harassed, or discriminated against in the terms and conditions of employment because of lawful acts done by the employee on behalf of the employee or in furtherance of an action under this chapter, including investigation, initiation of, testimony for or assistance in an action filed or to be filed under this chapter, is entitled to relief under AS 39.90.100 - 39.90.150 (Alaska Whistleblower Act).
(c) A person may not bring an action under this section unless the action is commenced not later than three years after the date the employee was subject to retaliation under (a) or (b) of this section.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 58. Alaska Medical Assistance False Claim and Reporting Act › Sec. 09.58.090. Special provisions.

(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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 58. Alaska Medical Assistance False Claim and Reporting Act › Sec. 09.58.100. Definitions.

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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 60. Costs and Attorney Fees; Settlements › Article 1. Costs and Attorney Fees. › Sec. 09.60.010. Costs and attorney fees allowed prevailing party.

(a) The supreme court shall determine by rule or order the costs, if any, that may be allowed a prevailing party in a civil action. Unless specifically authorized by statute or by agreement between the parties, attorney fees may not be awarded to a party in a civil action for personal injury, death, or property damage related to or arising out of fault, as defined in AS 09.17.900, unless the civil action is contested without trial, or fully contested as determined by the court.
(b) Except as otherwise provided by statute, a court in this state may not discriminate in the award of attorney fees and costs to or against a party in a civil action or appeal based on the nature of the policy or interest advocated by the party, the number of persons affected by the outcome of the case, whether a governmental entity could be expected to bring or participate in the case, the extent of the party's economic incentive to bring the case, or any combination of these factors.
(c) In a civil action or appeal concerning the establishment, protection, or enforcement of a right under the United States Constitution or the Constitution of the State of Alaska, the court
(1) shall award, subject to (d) and (e) of this section, full reasonable attorney fees and costs to a claimant, who, as plaintiff, counterclaimant, cross claimant, or third-party plaintiff in the action or on appeal, has prevailed in asserting the right;
(2) may not order a claimant to pay the attorney fees of the opposing party devoted to claims concerning constitutional rights if the claimant as plaintiff, counterclaimant, cross claimant, or third-party plaintiff in the action or appeal did not prevail in asserting the right, the action or appeal asserting the right was not frivolous, and the claimant did not have sufficient economic incentive to bring the action or appeal regardless of the constitutional claims involved.
(d) In calculating an award of attorney fees and costs under (c)(1) of this section,
(1) the court shall include in the award only that portion of the services of claimant's attorney fees and associated costs that were devoted to claims concerning rights under the United States Constitution or the Constitution of the State of Alaska upon which the claimant ultimately prevailed; and
(2) the court shall make an award only if the claimant did not have sufficient economic incentive to bring the suit, regardless of the constitutional claims involved.
(e) The court, in its discretion, may abate, in full or in part, an award of attorney fees and costs otherwise payable under (c) and (d) of this section if the court finds, based upon sworn affidavits or testimony, that the full imposition of the award would inflict a substantial and undue hardship upon the party ordered to pay the fees and costs or, if the party is a public entity, upon the taxpaying constituents of the public entity.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 60. Costs and Attorney Fees; Settlements › Article 1. Costs and Attorney Fees. › Sec. 09.60.015. Attorney fees in certain small claims actions.

(a) In any action for damages where the amount pleaded is $1,000 or less, and the plaintiff, when represented by counsel, prevails in the action, the plaintiff shall be allowed a reasonable amount to be fixed by the court as attorney fees for the prosecution of the action as a part of the costs of the action if the court finds that written demand for the payment of the claim was made on the defendant 20 days or more before the commencement of the action. However, attorney fees may not be allowed to the plaintiff if the court finds that the defendant tendered to the plaintiff before the commencement of the action, an amount not less than the damages awarded to the plaintiff.
(b) If the defendant, when represented by counsel, pleads a counterclaim that does not exceed $1,000, and the defendant prevails in the action, the defendant shall be allowed a reasonable amount to be fixed by the court as attorney fees for the prosecution of the counterclaim as part of the costs of the action.
(c) This section is subject to AS 45.50.537.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 60. Costs and Attorney Fees; Settlements › Article 1. Costs and Attorney Fees. › Sec. 09.60.030. Guardian's responsibility for allowance against infant plaintiff.

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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 60. Costs and Attorney Fees; Settlements › Article 1. Costs and Attorney Fees. › Sec. 09.60.040. Costs where party is a representative.

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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 60. Costs and Attorney Fees; Settlements › Article 1. Costs and Attorney Fees. › Sec. 09.60.050. Costs awarded against state, borough, city, or other public agencies.

When the state or a borough, city, or other public agency or entity or an officer thereof in an official capacity is a party, costs shall be awarded against it on the same basis as against any other natural person or party. However, when the action is brought upon the information of a natural person, that person shall be liable for costs awarded against the state. The costs may not be recovered from the state until after execution has issued for the costs against that person and has been returned unsatisfied in whole or in part.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 60. Costs and Attorney Fees; Settlements › Article 1. Costs and Attorney Fees. › Sec. 09.60.060. Security for costs where plaintiff a nonresident or foreign corporation.

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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 60. Costs and Attorney Fees; Settlements › Article 1. Costs and Attorney Fees. › Sec. 09.60.070. Attorney fees for victims of serious criminal offenses.

(a) A person who has been injured or damaged, or the estate of a person who has died, may recover from the offender full reasonable attorney fees in a civil action or a wrongful death action if the injury, damage, or death resulted from
(1) an attempt on the part of the person to prevent the commission of a serious criminal offense or to apprehend an offender who has committed a serious criminal offense, or aiding or attempting to aid a police officer to do so, or aiding a victim of a serious criminal offense; or
(2) the commission or attempt on the part of the offender to commit a serious criminal offense.
(b) If a judgment for attorney fees is entered against an offender in a civil action brought under this section, and a contract of insurance requires an insurer to pay the attorney fees, the insurer shall be liable only for the attorney fees that would be awarded to the plaintiff under Rule 82(b)(1), Alaska Rules of Civil Procedure.
(c) In this section, “serious criminal offense” means the following offenses:
(1) murder in any degree;
(2) manslaughter;
(3) criminally negligent homicide;
(4) assault in any degree;
(5) kidnapping;
(6) sexual assault in any degree;
(7) sexual abuse of a minor in any degree;
(8) robbery in any degree;
(9) coercion;
(10) extortion;
(11) arson in any degree;
(12) burglary in any degree;
(13) criminal mischief in the first, second, third, or fourth degree;
(14) driving while under the influence of an alcoholic beverage, inhalant, or controlled substance or another crime resulting from the operation of a motor vehicle, boat, or airplane when the offender is under the influence of an alcoholic beverage, inhalant, or controlled substance;
(15) a crime involving domestic violence, as defined in AS 18.66.990.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 60. Costs and Attorney Fees; Settlements › Article 1. Costs and Attorney Fees. › Sec. 09.60.080. Contingent fee agreements.

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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 60. Costs and Attorney Fees; Settlements › Article 2. Structured Settlements. › Sec. 09.60.210. Jurisdiction; procedure for approval of transfers.

(a) The superior court where the action giving rise to the structured settlement was maintained or could have been maintained or where the payee is domiciled has jurisdiction over an application for approval under AS 09.60.200 of a transfer of structured settlement payment rights.
(b) Not less than 30 days before the scheduled hearing on an application for authorization of a transfer of structured settlement payment rights under AS 09.60.200, the transferee shall file with the court and serve on any other government authority that previously approved the structured settlement and all interested parties a notice of the proposed transfer and the application for its authorization. The notice must include
(1) a copy of the transferee's application to the court;
(2) a copy of the transfer agreement;
(3) a copy of the disclosure statement required under AS 09.60.200;
(4) notification that an interested party is entitled to support, oppose, or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or by participating in the hearing; and
(5) notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed in order to be considered by the court.
(c) Written responses to the application must be filed within 15 days after service of the transferee's notice.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 60. Costs and Attorney Fees; Settlements › Article 2. Structured Settlements. › Sec. 09.60.220. No waiver and no penalty.

(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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 63. Oath, Acknowledgment, and Other Proof › Article 1. Oaths, Certifications, Notarizations, and Verifications. › Sec. 09.63.010. Oath, affirmation, and acknowledgment.

The following persons may take an oath, affirmation, or acknowledgment in the state:
(1) a justice, judge, or magistrate of a court of the State of Alaska or of the United States;
(2) a clerk or deputy clerk of a court of the State of Alaska or of the United States;
(3) a notary public;
(4) a United States postmaster;
(5) a commissioned officer under AS 09.63.050(4);
(6) a municipal clerk carrying out the clerk's duties under AS 29.20.380;
(7) the lieutenant governor when carrying out the lieutenant governor's duties under AS 24.05.160;
(8) the presiding officer of each legislative house when carrying out the officer's duties under AS 24.05.170.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 63. Oath, Acknowledgment, and Other Proof › Article 1. Oaths, Certifications, Notarizations, and Verifications. › Sec. 09.63.020. Certification of documents.

(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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 63. Oath, Acknowledgment, and Other Proof › Article 1. Oaths, Certifications, Notarizations, and Verifications. › Sec. 09.63.030. Notarization.

(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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 63. Oath, Acknowledgment, and Other Proof › Article 1. Oaths, Certifications, Notarizations, and Verifications. › Sec. 09.63.040. Verification.

(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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 63. Oath, Acknowledgment, and Other Proof › Article 2. Uniform Recognition of Acknowledgments Act. › Sec. 09.63.050. Recognition of notarial acts performed outside the state.

Notarial acts may be performed outside the state for use in the state with the same effect as if performed by a notary public of the state by
(1) a notary public authorized to perform notarial acts in the place in which the act is performed;
(2) a justice, judge, magistrate, clerk, or deputy clerk of a court of record in the place in which the notarial act is performed;
(3) an officer of the foreign service of the United States, a consular agent, or a person authorized by regulation of the United States Department of State to perform notarial acts in the place in which the act is performed;
(4) a commissioned officer in active service with the armed forces of the United States or a person authorized by regulation of the armed forces to perform notarial acts if the notarial act is performed for a merchant seaman of the United States, a member of the armed forces of the United States, a person serving with or accompanying the armed forces of the United States, or their dependents; or
(5) a person authorized to perform notarial acts in the place in which the act is performed.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 63. Oath, Acknowledgment, and Other Proof › Article 2. Uniform Recognition of Acknowledgments Act. › Sec. 09.63.060. Authentication of authority of officer.

(a) If the notarial act is performed by a person described in AS 09.63.050(1) - (4) other than a person authorized to perform notarial acts by the laws or regulations of a foreign country, the signature, rank or title and, if appropriate, the serial number of the person are sufficient proof of the authority of a person to perform the act.
(b) If the notarial act is performed by a person authorized by the laws or regulations of a foreign country to perform the act, there is sufficient proof of the authority of that person to act if
(1) either a foreign service officer of the United States resident in the country in which the act is performed or a diplomatic or consular officer of the foreign country resident in the United States certifies that a person holding that office is authorized to perform the act;
(2) the official seal of the person performing the notarial act is affixed to the document; or
(3) the title and indication of authority to perform notarial acts of the person appear either in a digest of foreign law or in a list customarily used as a source of that information.
(c) If the notarial act is performed by a person other than a person described in this section, there is sufficient proof of the authority of the person to act if the clerk of a court of record in the place in which the notarial act is performed certifies to the official character of the person and to the person's authority to perform the notarial act.
(d) The signature and title of the person performing the act are prima facie evidence that the person has the designated title and that the signature is genuine.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 63. Oath, Acknowledgment, and Other Proof › Article 2. Uniform Recognition of Acknowledgments Act. › Sec. 09.63.070. Certificate of person taking acknowledgment.

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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 63. Oath, Acknowledgment, and Other Proof › Article 2. Uniform Recognition of Acknowledgments Act. › Sec. 09.63.080. Recognition of certificate of acknowledgment.

The form of a certificate of acknowledgment used by a person whose authority is recognized under AS 09.63.010 or 09.63.050 shall be accepted in the state if
(1) the certificate is in a form prescribed by the laws or regulations of the state;
(2) the certificate is in a form prescribed by the laws or regulations applicable in the place in which the acknowledgment is taken; or
(3) the certificate contains the words “acknowledged before me” or their substantial equivalent.