AK · rules
Alaska R. Civ. P. 16.2
Informal Trials in Domestic Relations Cases
(a) Scope. Informal trials may be held to resolve some or
all issues in actions for divorce, property division, child
custody, and child support, including motions to modify. This
rule applies to trial proceedings and does not modify other
Civil Rules.
(b) General. An informal trial is an alternative trial
procedure to which the parties, their attorneys, and the court
voluntarily agree. Under this model, the court may admit any
evidence that is relevant and material, despite the fact that such
evidence might be inadmissible under formal rules of
evidence, and the traditional format used to question witnesses
at trial does not apply. In most cases, the only witnesses will be
the parties. In the discretion of the court, other relevant
witnesses may be called.
(c) Election. In a case that is proceeding to trial, the
court may at any time offer the parties the option of electing
the informal trial process. If the parties make that election, the
court will explain the process and obtain their consent. The
election of a formal or informal trial process does not diminish
the court’s authority to question witnesses or otherwise
manage the proceedings in the interests of justice.
(d) Withdrawal. The court may allow a party to
withdraw an informal trial election as long as the other party
would not be prejudiced by the withdrawal. The court will not
allow a withdrawal of an election that has the effect of
postponing the trial date absent a showing of good cause. The
court may at any time direct that a case proceed under the
formal process, even if the trial or hearing has already
commenced using informal procedures.
(e) Trial Procedures. An informal trial will proceed as
follows:
(1) The court will ask each party or the party’s attorney
for a summary of the issues to be decided.
(2) Each party will be allowed to speak to the court
under oath concerning all issues in dispute. Only the court may
question the party to develop evidence required by law. The
court will ask each party or the party’s attorney whether the
party wishes the court to ask follow up questions or inquire
about other issues. The court will offer each party the
opportunity to respond to the factual information provided by
the other party.
(3) Each party may offer any relevant documents or
other evidence that the party wishes the court to consider. The
court will determine whether to accept the items into evidence
and what weight, if any, to give each item. Letters or other
submissions by the parties’ children that suggest custody or
parenting preferences are discouraged. The court may require
additional documents or testimony from other witnesses to
supplement the record.
(4) Expert reports may be admitted into evidence without
supporting testimony. If the expert is called as a witness, the
expert may be questioned by the parties, their attorneys, or the
court.
(5) The court will offer each party or the party’s attorney
the opportunity to make a closing statement.
History
(SCO 1826 effective April 15, 2015) Note to SCO 1826: At the end of three years, the Administrative Director will report to the Supreme Court on the efficacy of informal trials in domestic relations cases under Civil Rule 16.2 and make recommendations.
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
c4cf0846a3d513b37063b2706bcfe0b6726b945d0c011b95a073dbe85490aabe
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