Alaska R. Civ. P. 42

(a) Consolidation. When actions involving a common

question of law or fact are pending before the court, it may

order a joint hearing or trial of any or all the matters in issue in

the actions; it may order all the actions consolidated; and it

may make such orders concerning proceedings therein as may

tend to avoid unnecessary costs or delay.

A motion requesting consolidation shall be filed in the

court where the case is sought to be consolidated. The motion

shall contain the name of every case sought to be consolidated.

A notice of filing together with a copy of the motion shall be

filed in all courts and served on all parties who would be

affected by consolidation.

(b) Separate Trials. The court, in furtherance of

convenience or to avoid prejudice, or when separate trials will

be conducive to expedition and economy, may order a separate

trial of any claim, cross-claim, counterclaim, or third-party

claim, or of any separate issue or of any number of claims,

cross-claims, counterclaims, third-party claims, or issues,

always preserving inviolate the right of trial by jury as declared

by the Alaska Constitution and Statutes of Alaska.

(c) Change of Judge as a Matter of Right. In all courts

of the state, a judge or master may be peremptorily challenged

as follows:

(1) Nature of Proceedings. In an action pending in the

Superior or District Courts, each side is entitled as a matter of

right to a change of one judge and of one master. Two or more

parties aligned on the same side of an action, whether or not

consolidated, shall be treated as one side for purposes of the

right to a change of judge, but the presiding judge may allow

an additional change of judge to a party whose interests in the

action are hostile or adverse to the interests of another party on

the same side. A party wishing to exercise the right to change

of judge shall file a pleading entitled “Notice of Change of

Judge.” The notice may be signed by an attorney, it shall state

the name of the judge to be changed, and it shall neither

specify grounds nor be accompanied by an affidavit.

(2) Filing and Service. The notice of change of judge

shall be filed and copies served on the parties in accordance

with Rule 5, Alaska Rules of Civil Procedure.

(3) Timeliness. Failure to file a timely notice precludes

change of judge as a matter of right. Notice of change of judge

is timely if filed before the commencement of trial and within

five days after notice that the case has been assigned to a

specific judge. Where a party has been served or enters an

action after the case has been assigned to a specific judge, a

notice of change of judge shall also be timely if filed by the

party before the commencement of trial and within five days

after a party appears or files a pleading in the action. If a party

has moved to disqualify a judge for cause within the time

permitted for filing a notice of change of judge, such time is

tolled for all parties and, if the motion to disqualify for cause is

denied, a new five-day period runs from notice of the denial of

the motion.

(4) Waiver. A party waives the right to change as a

matter of right a judge who has been permanently assigned to

the case by knowingly participating before that judge in:

(i) Any judicial proceeding which concerns the merits of

the action and involves the consideration of evidence or of

affidavits; or

(ii) A pretrial conference; or

(iii) The commencement of trial; or

(iv) If the parties agree upon a judge to whom the case is

to be assigned. Such waiver is to apply only to the agreed upon

judge.

(5) Assignment of Action. After a notice of change of

judge is timely filed, the presiding judge shall immediately

assign the matter to a new judge within that judicial district.

Should that judge be challenged, the presiding judge shall

continue to assign the case to new judges within the judicial

district until all parties have exercised or waived their right to

change of judge or until all superior court judges, or all district

court judges, within the judicial district have been challenged

peremptorily or for cause. Should all such judges in the district

be disqualified, the presiding judge shall immediately notify

the administrative director in writing and request that the

administrative director obtain from the Chief Justice an order

assigning the case to another judge.

If a judge to whom an action has been assigned later

becomes unavailable because of death, illness, or other

physical or legal incapacity, the parties shall be restored to

their several positions and rights under this rule as they existed

immediately before the assignment of the action to such judge.