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Alaska R. Civ. P. 16.2

Informal Trials in Domestic Relations Cases

activein force · 2015-04-15 – presentact-effective-date

(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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