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Alaska R. Civ. P. 57

Declaratory Judgments— Judgments by Confession

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

(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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