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AK · rules

Alaska R. Civ. P. 38

Jury Trial

activein force · 1994-07-15 – presentact-effective-date

(a) Right Preserved. The right of trial by jury as

declared by section 16 of article I of the constitution, or as

given by a statute of the state, shall be preserved to the parties

inviolate.

(b) Demand. Any party may demand a trial by jury of

any issue triable of right by a jury by serving upon the other

parties a demand therefor in writing at any time after the

commencement of the action and not later than 10 days after

the service of the last pleading directed to such issue. Such

demand shall be made in a separate written document signed

by the party making the demand or by the party’s attorney.

(c) Demand—Specification of Issues. In the demand a

party may specify the issues which the party wishes so tried;

otherwise the party shall be deemed to have demanded trial by

jury for all the issues so triable. If the party has demanded trial

by jury for only some of the issues, any other party within 10

days after service of the demand or such lesser time as the

court may order, may serve a demand for trial by jury of any

other or all of the issues of fact in the action.

(d) Waiver. The failure of a party to serve a demand as

required by this rule and to file it as required by Rule 5(d)

constitutes a waiver by the party of trial by jury. A demand for

trial by jury made as herein provided may not be withdrawn

without the consent of the parties. A party’s consent to

withdraw the jury trial demand may be implied by a failure to

appear at trial.

History

(Adopted by SCO 5 October 9, 1959; amended by SCO 66 effective July 1, 1964; by SCO 74 effective January 25, 1965; by SCO 465 effective June 1, 1981; by SCO 620 effective June 15, 1985; and by SCO 1153 effective July 15, 1994) Note: Chapter 54 SLA 2005 (HB 95) enacted extensive amendments and new provisions related to public health, including public health emergencies and disasters. According to Section 13(b) of the Act, AS 18.15.375(c)(3), (d), and (e), and 18.15.385(d)–(k), enacted in Section 8, have the effect of amending Civil Rule 38 by requiring a court trial in matters involving public health.

Provenance

Source
courts.alaska.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
3736223bd0b0a47877e2dbfe20e62e9b91f4f3d0de0c1e710572d54823ce8f2e
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