Alaska R. Civ. P. 4

(a) Summons—Issuance. Upon the filing of the

complaint the clerk shall forthwith issue a summons and

deliver it to the plaintiff or the plaintiff’s attorney, who shall

cause the summons and a copy of the complaint to be served in

accordance with this rule. Upon request of the plaintiff

separate or additional summonses shall issue against any

defendants.

(b) Summons—Form.

(1) The summons shall be signed by the clerk, bear the

seal of the court, identify the court and the parties, be directed

to the defendant, and state the name and address of the

plaintiff’s attorney or the plaintiff’s name and address if the

plaintiff is unrepresented. It shall also state the time within

which the defendant must appear and defend, and notify the

defendant that failure to do so will result in judgment by

default against the defendant for the relief demanded in the

complaint. The summons must also notify the defendant that

the defendant has a duty to inform the court and all other

parties, in writing, of the defendant’s or defendant’s attorney’s

current mailing address and telephone number, and to inform

the court and all other parties of any changes, as set out in

Civil Rule 5(i).

(2) The summons must be on the current version of the

summons form developed by the administrative director or a

duplicate of the court form. A party or attorney who lodges a

duplicate certifies by lodging the duplicate that it conforms to

the current version of the court form.

(c) Methods of Service—Appointments to Serve

Process—Definition of Peace Officer.

(1) Service of all process shall be made by a peace

officer, by a person specially appointed by the Commissioner

of Public Safety for that purpose or, where a rule so provides,

by registered or certified mail.

(2) A subpoena may be served as provided in Rule 45

without special appointment.

(3) Special appointments for the service of all process

relating to remedies for the seizure of persons or property

pursuant to Rule 64 or for the service of process to enforce a

judgment by writ of execution shall only be made by the

Commissioner of Public Safety after a thorough investigation

of each applicant, and such appointment may be made subject

to such conditions as appear proper in the discretion of the

Commissioner for the protection of the public. A person so

appointed must secure the assistance of a peace officer for the

completion of process in each case in which the person may

encounter physical resistance or obstruction to the service of

process.

(4) Special appointments for the service of all process

other than the process as provided under paragraph (3) of this

subdivision shall be made freely when substantial savings in

travel fees and costs will result.

(5) The term “peace officer” as used in these rules shall

include any officer of the state police, members of the police

force of any incorporated city, village or borough, United

States Marshals and their deputies, other officers whose duty is

to enforce and preserve the public peace, and within the

authority conferred upon them, persons specially appointed

pursuant to paragraph (3) of this subdivision.

(d) Summons—Personal Service. The summons and

complaint shall be served together. The plaintiff shall furnish

the person making service with such copies as are necessary.

Service shall be made as follows:

(1) Individuals. Upon an individual other than an infant

or an incompetent person, by delivering a copy of the

summons and of the complaint to the individual personally, or

by leaving copies thereof at the individual’s dwelling house or

usual place of abode with some person of suitable age and

discretion then residing therein, or by delivering a copy of the

summons and of the complaint to an agent authorized by

appointment or by law to receive service of process.

(2) Infants. Upon an infant, by delivering a copy of the

summons and complaint to such infant personally, and also to

the infant’s father, mother or guardian, or if there be none

within the state, then to any person having the care or control

of such infant, or with whom the infant resides, or in whose

service the infant is employed; or if any service cannot be

made upon any of them, then as provided by order of the court.

(3) Incompetent Persons. Upon an incompetent person,

by delivering a copy of the summons and complaint

personally—

(A) To the guardian of the person or a competent adult

member of the person’s family with whom the person resides,

or if the person is living in an institution, then to the director or

chief executive officer of the institution, or if service cannot be

made upon any of them, then as provided by order of the court;

and

(B) Unless the court otherwise orders, also to the

incompetent person.

(4) Corporations or Limited Liability Companies. Upon

a domestic or foreign corporation or limited liability company,

by delivering a copy of the summons and of the complaint to a

managing member, an officer, a managing or general agent, or

to any other agent authorized by appointment or by law to

receive service of process.

(5) Partnerships. Upon a partnership, by delivering a

copy of the summons and of the complaint personally to a

general partner of such partnership, or to a managing or

general agent of the partnership, or to any other agent

authorized by appointment or by law to receive service of

process, or to a person having control of the business of the

partnership; or if service cannot be made upon any of them,

then as provided by order of the court.

(6) Unincorporated Associations. Upon an unincorporated association, by delivering a copy of the

summons and the complaint personally to an officer, a

managing or general agent, or to any other person authorized

by appointment or by law to receive service of process; or if

service cannot be made upon any of them, then as provided by

order of the court.

(7) State of Alaska. Upon the state, by sending a copy of

the summons and the complaint by registered or certified mail

to the Attorney General of Alaska, Juneau, Alaska, and

(A) to the chief of the attorney general’s office in

Anchorage, Alaska, when the matter is filed in the Third

Judicial District; or

(B) to the chief of the attorney general’s office in

Fairbanks, Alaska, when the matter is filed in the Fourth

Judicial District.

(8) Officer or Agency of State. Upon an officer or agency

of the state, by serving the State of Alaska as provided in the

preceding paragraph of this rule, and by delivering a copy of

the summons and of the complaint to such officer or agency. If

the agency is a corporation, the copies shall be delivered as

provided in paragraph (4) of this subdivision of this rule.

(9) Public Corporations. Upon a borough or incorporated city, town, school district, public utility district,

or other public corporation in the state, by delivering a copy of

the summons and of the complaint to the chief executive

officer or chief clerk or secretary thereof.

(10) Unknown Parties. Upon unknown persons who may

be made parties in accordance with statute and these rules, by

publication as provided in subdivision (e) of this rule.

(11) Officer or Agency of State as Agent for Non-governmental Defendant. Whenever, pursuant to statute, an

officer or an agency of the State of Alaska has been appointed

as agent to receive service for a non-governmental defendant,

or whenever, pursuant to statute, an officer or agency of the

State of Alaska, has been deemed, considered or construed to

be appointed as agent for a non-governmental defendant by

virtue of some act, conduct or transaction of such defendant,

service of process shall be made in the manner provided by

statute.

(12) Personal Service Outside State. Upon a party outside

the state in the same manner as if service were made within the

state, except that service shall be made by a sheriff, constable,

bailiff, peace officer or other officer having like authority in

the jurisdiction where service is made, or by a person

specifically appointed by the court to make service, or by

service as provided in subsection (h) of this rule. In an action

to enforce any lien upon or claim to, or to remove any

encumbrance or lien or cloud upon the title to, real or personal

property within the state, such service shall also be made upon

the person or persons in possession or in charge of such

property, if any. Proof of service shall be in accordance with

(f) of this rule.

(13) Personal Service in a Foreign Country. Upon an

individual in a foreign country—

(A) by any internationally agreed means reasonably

calculated to give notice, such as those means authorized by

the Hague Convention on the Service Abroad of Judicial and

Extrajudicial Documents;

(B) if there is no internationally agreed means of service

or the applicable international agreement allows other means

of service, provided that service is reasonably calculated to

give notice:

(i) in the manner prescribed by the law of the foreign

country for service in that country in an action in any of its

courts of general jurisdiction;

(ii) as directed by the foreign authority in response to a

letter rogatory or letter of request; or

(iii) unless prohibited by the law of the foreign country,

by delivery to the individual personally of a copy of the

summons and the complaint, or by any form of mail requiring

a signed receipt by the party to be served, so long as the return

receipt is filed with the court; or

(C) by other means not prohibited by international

agreement as may be directed by the court.

Regardless of which method of service is followed for

personal service in a foreign country, before entry of judgment,

the court must be satisfied that the method used was a method

reasonably likely to effect actual notice.

(e) Other Service. When it shall appear by affidavit of a

person having knowledge of the facts filed with the clerk that

after diligent inquiry a party cannot be served with process

under subsections (d) or (h) of this rule, service shall be made

by posting on the Alaska Court System’s legal notice website

and as otherwise directed by the court as provided in this

subsection. The party who seeks to have service made under

this subsection shall include in the affidavit of diligent inquiry

a discussion of whether other methods of service listed in

paragraph (e)(3) may be more likely to give the absent party

actual notice. In adoption cases, service by posting on the

Alaska Court System’s legal notice website or by publication

will be allowed only if ordered by the court for compelling

reasons.

(1) Diligent Inquiry. Inquiry as to the absent party’s

whereabouts shall be made by the party who seeks to have

service made, or by the party’s attorney actually entrusted with

the conduct of the action, or by the agent of the attorney. It

shall be made of any person who the inquirer has reason to

believe possesses knowledge or information as to the absent

party’s residence or address or the matter inquired of. Unless

otherwise ordered by the court, diligent inquiry shall include a

reasonable effort to search the internet for the whereabouts of

the absent party. The inquiry shall also be undertaken in person

or by letter, and the inquirer shall state that an action has been

or is about to be commenced against the party inquired for, that

the object of the inquiry is to give such party notice of the

action in order that such party may appear and defend it. When

the inquiry is made by letter, postage shall be enclosed

sufficient for the return of an answer. The affidavit of inquiry

shall be made by the inquirer. It shall fully specify the inquiry

made, of what persons and in what manner it was made, and a

description of any efforts that were made to search the internet,

so that by the facts stated therein it may appear that diligent

inquiry has been made for the purpose of effecting actual

notice.

(2) Service by Posting on the Alaska Court System’s

Legal Notice Website. A notice shall be continuously posted

for four consecutive weeks on the Alaska Court System’s legal

notice website. Prior to the last week of posting, the party who

seeks to have service made must send the absent party a copy

of the notice and the complaint or the pleading (A) by

registered or certified mail, with return receipt requested, with

postage prepaid, and (B) by regular first class mail. The notice

must be addressed in care of the absent party's residence or the

place where the party usually receives mail, unless it shall

appear by affidavit that the absent party’s residence or place is

unknown or cannot be determined after inquiry.

(3) Additional Service by Other Methods. In addition to

the service required under paragraph (2), the court, in its

discretion, may require service of process to be made upon an

absent party in any other manner that is reasonably calculated

to give the party actual notice of the proceedings and an

opportunity to be heard. The method of service could include

publication of the notice in a print or online newspaper or other

publication at least once a week for four consecutive weeks;

service of the notice to the absent party’s e-mail account;

posting of the notice to the absent party’s social networking

account; physically posting a copy of the notice and complaint

on a public bulletin board or on the front door of the absent

party’s place of residence; or any method the court determines

to be reasonable and appropriate.

(4) Mailing Required. If service is allowed by any

method listed in paragraph (3), the party who seeks to have

service made must also send the absent party a copy of the

notice and the complaint by mail as required in paragraph (2).

Proof of mailing shall be made by affidavit of a deposit in a

post office of the copies of the notice and the complaint or

other pleadings.

(5) Form and Contents of Notice—Time. The notice

referred to in paragraphs (2), (3) and (6) shall be in the form of

a summons. It shall state briefly the nature of the action, the

relief demanded, and why the party to whom it is addressed is

made a party to the action. Where the action concerns real

property or where real property of a party has been attached,

the notice shall set forth a legal description of the property,

shall state the municipality or district in which it is located, and

the street or road on which the property is situated, and if the

property is improved, it shall state the street number of the

same. Where personal property of a party has been attached,

the notice shall generally describe the property. If a mortgage

is to be foreclosed, the notice shall state the names of all

parties thereto and the dates that the mortgage was executed.

The notice shall specify the time within which the absent party

has to appear or answer or plead, which shall not be less than

20 days after personal service or, if service is made by

publication, not less than 30 days after the last date of

publication, and shall state the effect of a failure to appear or

answer or plead. If the absent party does not appear or answer

or plead within the time specified within the notice, the court

may proceed as if such party had been served with process

within the state.

(6) Proof of Service.

(A) Service by Posting on the Alaska Court System’s

Legal Notice Website. If service is made by posting to the

Alaska Court System’s Legal Notice Website, proof of posting

shall be made by certification of the court clerk. A printed

copy of the posted notice and the dates of posting shall be

attached to the clerk’s certificate.

(B) Service by Publication in a Printed Newspaper. If

service is made by publication in a printed newspaper, proof of

publication shall be made by the affidavit of the newspaper’s

publisher, printer, manager, foreman, or principal clerk, or by

the certificate of the attorney for the party at whose instance

the service was made. A printed copy of the published notice

with the name of the newspaper and dates of publication

marked therein shall be attached to the affidavit or certificate.

(C) Service by Posting to an Online Publication Website.

If service is made by posting to an online publication website,

proof of posting shall be made by affidavit of the online

publication’s publisher, printer, manager, foreman, or principal

clerk, or by the certificate of the attorney for the party at whose

instance the service was made. A printed copy of the posted

notice with the name of the online publication and dates of

posting marked therein shall be attached to the affidavit or

certificate.

(D) Service by E-mail or Posting to a Social Networking

Account. If service is made by e-mail or posting to a social

networking account, proof of e-mail transmission or electronic

posting shall be made by affidavit. If service is made by e-mail, a copy of the sent e-mail transmission shall be attached to

the affidavit. If service is made by posting a notice on the

absent party’s social networking account, a screen print of the

posting shall be attached to the affidavit.

(E) Service by Posting to a Public Bulletin Board or on

the Front Door of the Absent Party’s Place of Residence. If

service is made by posting to a public bulletin board or on the

front door of the absent party’s place of residence, proof of

posting shall be made by affidavit of posting of the notice and

the complaint or other pleadings.

(F) Other Service by Court Order. If the court has

allowed service of process to be made upon an absent party in

any other manner calculated to give actual notice, proof of

service shall be made as directed by the court.

(f) Return. The person serving the process shall give

proof of service thereof to the party requesting issuance of the

process or to the party’s attorney promptly and in any event

within the time during which the person served must respond

to the process. Within 120 days after filing of the complaint,

the party shall file and serve an affidavit identifying the parties

who have been served, the date service was made and the

parties who remain unserved. If service is made by a person

other than a peace officer, the person shall make affidavit

thereof, proof of service shall be in writing and shall set forth

the manner, place, date of service, and all pleadings or other

papers served with the process. Failure to make proof of

service does not affect the validity of the service.

(g) Amendment. At any time in its discretion and upon

such terms as it deems just, the court may allow any process or

proof of service thereof to be amended, unless it clearly

appears that material prejudice would result to the substantial

rights of the parties against whom the process issued.

(h) Service of Process by Mail. In addition to other

methods of service provided for by this rule, process may also

be served within this state or the United States or any of its

possessions by registered or certified mail, with return receipt

requested, upon an individual other than an infant or an

incompetent person and upon a corporation, partnership,

unincorporated association, or public corporation. In such case,

copies of the summons and complaint or other process shall be

mailed for restricted delivery only to the party to whom the

summons or other process is directed or to the person

authorized under federal regulation to receive the party’s

restricted delivery mail. All receipts shall be so addressed that

they are returned to the party serving the summons or process

or the party’s attorney. Service of process by mail under this

paragraph is complete when the return receipt is signed.

(i) RESERVED

(j) Summons—Time Limit for Service. The clerk shall

review each pending case 120 days after filing of the complaint

to determine whether all defendants have been served. If any

defendant has not been served, the clerk shall send notice to

the plaintiff to show good cause in writing why service on that

defendant is not complete. If good cause is not shown within

30 days after distribution of the notice, the court shall dismiss

without prejudice the action as to that defendant. The clerk

may enter the dismissal if the plaintiff has not opposed

dismissal. If the court finds good cause why service has not

been made, the court shall establish a new deadline by which

plaintiff must file proof of service or proof that plaintiff has

made diligent efforts to serve.