AK · rules
Alaska R. Civ. P. 57
Declaratory Judgments— Judgments by Confession
(a) Declaratory Judgments. The procedure for obtaining a declaratory judgment pursuant to statute shall be in
accordance with these rules, and the right to trial by jury may
be demanded under the circumstances and in the manner
provided in Rules 38 and 39. The existence of another
adequate remedy does not preclude a judgment for declaratory
relief in cases where it is appropriate. The court may order a
speedy hearing of an action for a declaratory judgment and
may advance it on the calendar.
(b) Confession Judgments—After Commencement of
Action.
(1) On the confession of the defendant, with the assent of
the plaintiff or the plaintiff’s attorney, a judgment may be
given against the defendant in any action, for any amount not
exceeding or relief different from that demanded in the
complaint.
(2) The confession shall be in writing and signed by the
defendant. The assent shall be in writing and signed by the
parties or their attorneys. The confession and assents shall each
be acknowledged before an officer authorized by law to
administer oaths unless the parties or their attorneys appear in
court when the judgment is given. The confession, assent and
acknowledgment, if any, shall be filed with the clerk.
(c) Confession Judgments—Without Action.
(1) On the confession of any person capable of being
made a defendant to an action, judgment may be given against
such person without action, in favor of anyone, either for
money due or to become due, or to secure any person against
contingent liability on behalf of the defendant in such
judgment, or both, if it be in favor of the same person.
(2) The confession shall be made, assented to and
acknowledged and judgment given in the same manner as a
confession in an action pending, but in addition, the confession
shall be verified by the oath of the person making it, and shall
authorize a judgment to be given for a particular sum. If it be
for money due or to become due it shall state plainly and
concisely the facts out of which such indebtedness arose, and
shall show that the sum confessed therefor is justly due or to
become due. If it be for the purpose of securing the plaintiff in
the judgment against a contingent liability, it shall state plainly
and concisely the facts constituting such liability and shall
show that the sum confessed therefor does not exceed the
same. When judgment is given so as to be payable in
installments, executions may issue to enforce the payment of
such installments as they become due.
History
(Adopted by SCO 5 October 9, 1959; amended by SCO 49 effective January 1, 1963; and by SCO 1153 effective July 15, 1994) Cross References (b)(1) CROSS REFERENCE: AS 09.30.050; AS 09.30.060 (b)(2) CROSS REFERENCE: AS 09.30.050; AS 09.30.060 (c)(1) CROSS REFERENCE: AS 09.30.050; AS 09.30.060
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
6075902901642d745361cd5af4807daf434b397bc94a553ed33057b7ee429de1
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