Alaska R. Civ. P. 23

(a) Prerequisites to a Class Action. One or more

members of a class may sue or be sued as representative

parties on behalf of all only if (1) the class is so numerous that

joinder of all members is impracticable, (2) there are questions

of law or fact common to the class, (3) the claims or defenses

of the representative parties are typical of the claims or

defenses of the class, and (4) the representative parties will

fairly and adequately protect the interests of the class.

(b) Class Actions Maintainable. An action may be

maintained as a class action if the prerequisites of subdivision

(a) are satisfied, and in addition:

(1) The prosecution of separate actions by or against

individual members of the class would create a risk of

(A) Inconsistent or varying adjudications with respect to

individual members of the class which would establish

incompatible standards of conduct for the party opposing the

class, or

(B) Adjudications with respect to individual members of

the class which would as a practical matter be dispositive of

the interests of the other members not parties to the

adjudications or substantially impair or impede their ability to

protect their interests; or

(2) The party opposing the class has acted or refuses to

act on grounds generally applicable to the class, thereby

making appropriate final injunctive relief or corresponding

declaratory relief with respect to the class as a whole; or

(3) The court finds that the questions of law or fact

common to the members of the class predominate over any

questions affecting only individual members, and that a class

action is superior to other available methods for the fair and

efficient adjudication of the controversy. The matters pertinent

to the finding include: (A) the interest of members of the class

in individually controlling the prosecution or defense of

separate actions; (B) the extent and nature of any litigation

concerning the controversy already commenced by or against

members of the class; (C) the desirability or undesirability of

concentrating the litigation of the claims in the particular

forum; (D) the difficulties likely to be encountered in the

management of a class action.

(c) Determination by Order Whether Class Action to

Be Maintained—Notice—Judgment—Actions Conducted

Partially as Class Actions.

(1) As soon as practicable after the commencement of an

action brought as a class action, the court shall determine by

order whether it is to be so maintained. An order under this

subdivision may be conditional, and may be altered or

amended before the decision on the merits.

(2) In any class action maintained under subdivision (b)

(3), the court shall direct to the members of the class the best notice practicable under the circumstances, including individual notice to all members who can be identified through

reasonable effort. The notice shall advise each member that

(A) the court will exclude the member from the class if the

member so requests by a specified date; (B) the judgment,

whether favorable or not, will include all members who do not

request exclusion; and (C) any member who does not request

exclusion may, if the member desires, enter an appearance

through his counsel.

(3) The judgment in an action maintained as a class

action under subdivision (b) (1) or (b) (2), whether or not

favorable to the class, shall include and describe those whom

the court finds to be members of the class. The judgment in the

action maintained as a class action under subdivision (b) (3),

whether or not favorable to the class, shall include and specify

or describe those to whom the notice provided in subdivision

(c) (2) was directed, and who have not requested exclusion,

and whom the court finds to be members of the class.

(4) When appropriate (A) an action may be brought or

maintained as a class action with respect to particular issues, or

(B) a class may be divided into subclasses and each subclass

treated as a class, and the provisions of this rule shall then be

construed and applied accordingly.

(d) Orders in Conduct of Actions. In the conduct of

actions to which this rule applies, the court may make

appropriate orders: (1) determining the course of proceedings

or prescribing measures to prevent undue repetition or

complication in the presentation of evidence or argument; (2)

requiring, for the protection of the members of the class or

otherwise for the fair conduct of the action, that notice be

given in such manner as the court may direct to some or all of

the members of any step in the action, or of the proposed

extent of the judgment, or of the opportunity of members to

signify whether they consider the representation fair and

adequate, to intervene and present claims or defenses, or

otherwise to come into the action; (3) imposing conditions on

the representative parties or on intervenors; (4) requiring that

the pleadings be amended to eliminate therefrom allegations as

to representation of absent persons, and that the action proceed

accordingly; (5) dealing with similar procedural matters. The

orders may be combined with an order under Rule 16, and may

be altered or amended as may be desirable from time to time.

(e) Dismissal or Compromise. A class action shall not

be dismissed or compromised without the approval of the

court, and notice of the proposed dismissal or compromise

shall be given to all members of the class in such manner as

the court directs.