Alaska R. Civ. P. 56

(a) For Claimant. A party seeking to recover upon a

claim, counterclaim or cross-claim or to obtain a declaratory

judgment may, at any time after the expiration of 20 days from

the commencement of the action or after service of a motion

for summary judgment by the adverse party, move for a

summary judgment in the party’s favor upon all or any part

thereof.

(b) For Defending Party. A party against whom a

claim, counterclaim or cross-claim is asserted or a declaratory

judgment is sought may, at any time, move for a summary

judgment in the party’s favor as to all or any part thereof.

(c) Motion and Proceedings Thereon. The motion shall

be made pursuant to Rule 77, and may be supported by

affidavits setting forth concise statements of material facts

made upon personal knowledge. There must also be served and

filed with each motion a memorandum showing that there is no

genuine issue as to any material fact and that the moving party

is entitled to judgment as a matter of law. The adverse party in

accordance with Rule 77 may serve opposing affidavits, a

concise “statement of genuine issues” setting forth all material

facts as to which it is contended there exists a genuine issue

necessary to be litigated, and any other memorandum in

opposition to the motion. Judgment shall be rendered forthwith

if the pleadings, depositions, answers to interrogatories, and

admissions on file, together with the affidavits, show that there

is no genuine issue as to any material fact and that any party is

entitled to a judgment as a matter of law. A summary

judgment, interlocutory in character, may be rendered on the

issue of liability alone although there is a genuine issue as to the amount of damages. Summary judgment, when appropriate, may be rendered against the moving party. A

decision granting a motion for summary judgment is not a final

judgment under Civil Rule 58. When the decision adjudicates

all unresolved claims as to all parties, the judge shall direct the

appropriate party to file a proposed final judgment. The

proposed judgment must be filed within 20 days of service of

the decision, on a separate document distinct from any opinion,

memorandum or order that the court may issue.

(d) Case Not Fully Adjudicated on Motion. If on

motion under this rule judgment is not rendered upon the

whole case or for all the relief asked and a trial is necessary,

the court at the hearing of the motion, by examining the

pleadings and the evidence before it and by interrogating

counsel, shall if practicable ascertain what material facts exist

without substantial controversy and what material facts are

actually and in good faith controverted. It shall thereupon

make an order specifying the facts that appear without

substantial controversy, including the extent to which the

amount of damages or other relief is not in controversy, and

directing such further proceedings in the action as are just.

Upon the trial of the action the facts so specified shall be

deemed established, and the trial shall be conducted

accordingly.

(e) Form of Affidavits—Further Testimony—Defense

Required. Supporting and opposing affidavits shall be made

on personal knowledge, shall set forth such facts as would be

admissible in evidence, and shall show affirmatively that the

affiant is competent to testify to the matters stated therein.

Sworn or certified copies of all papers or parts thereof referred

to in an affidavit shall be attached thereto or served therewith.

The court may permit affidavits to be supplemented or

opposed by depositions or by further affidavits. When a motion

for summary judgment is made and supported as provided in

this rule, an adverse party may not rest upon the mere

allegations or denials of the adverse party’s pleading, but the

adverse party’s response, by affidavits or as otherwise

provided in this rule, must set forth specific facts showing that

there is a genuine issue for trial. If the adverse party does not

so respond, summary judgment, if appropriate, shall be entered

against the adverse party.

(f) When Affidavits Are Unavailable. Should it appear

from the affidavits of a party opposing the motion that the

party cannot for reasons stated present by affidavit facts

essential to justify the party’s opposition, the court may refuse

the application for judgment or may order a continuance to

permit affidavits to be obtained or depositions to be taken or

discovery to be had or may make such other order as is just.

(g) Affidavits Made in Bad Faith. Should it appear to

the satisfaction of the court at any time that any of the

affidavits presented pursuant to this rule are presented in bad

faith or solely for the purpose of delay, the court shall

forthwith order the party employing them to pay to the other

party the amount of the reasonable expenses which the filing of

the affidavits caused the other party to incur, including

reasonable attorney’s fees, and any offending party or attorney

may be adjudged guilty of contempt.