AK · rules
Alaska Dist. Ct. R. Civ. P. 17
Judgment
(a) If the defendant fails to answer the complaint within
20 days after service of process or fails to attend trial, the
defendant is in default. Default judgment shall be entered only
after the plaintiff files an affidavit made upon good faith belief,
after diligent inquiry, stating that the defendant is not an infant
or otherwise incompetent, and that the defendant is not in the
active military service of the United States or, if the plaintiff is
unable to determine whether the defendant is in military
service, stating that the plaintiff is unable to determine that
fact. Unless proof of service has been previously filed with the
court, the plaintiff must attach proof of service showing that
the summons and complaint were served on the defendant. The
court shall also require proof under oath, made upon personal
knowledge or based on business records, of the truth of every
essential element of the claim for relief. The clerk may enter a
default judgment if the damages alleged are liquidated and no
default hearing is required. If the defendant answers but fails to
appear at trial, the court may nevertheless consider any
relevant and material evidence filed with the answer. The court
may allow an answer to be filed after the defendant is in
default, but before judgment is entered, upon a showing of
good cause. The plaintiff may move the court to enter a default
judgment if the defendant is in default. Affidavits or exhibits
necessary to the entry of default judgment under this rule shall
accompany the motion. The motion, including affidavits and
exhibits, must be served on the defendant. Default may not be
entered less than seven days following service of the motion.
(b) Judgment on the pleadings may be entered pursuant
to Rules 13(b) and 10(d).
(c) If the plaintiff fails to attend the trial, the plaintiff is
in default. When neither party appears, the court may dismiss
the action with prejudice. When the defendant appears and the
plaintiff does not, the court shall inquire of the defendant
concerning the validity of the defendant’s defense and the
defendant’s knowledge, if any, of the reasons for the plaintiff’s
absence. The court may then, in its discretion, enter judgment
dismissing the claim with prejudice. If the defendant has
asserted a counterclaim, it shall be disposed of according to
paragraph (a) of this rule.
(d) When more than one claim for relief is presented in
an action, whether as a claim, counterclaim, cross-claim, or
third-party claim, or when multiple parties are involved, the
court may direct the entry of a final judgment as to one or
more but fewer than all of the claims or parties only upon an
express determination that there is no just reason for delay and
upon an express direction for the entry of judgment. In the
absence of such determination and direction, any order or other
form of decision, however designated, which adjudicates fewer
than all of the claims or the rights and liabilities of fewer than
all the parties shall not terminate the action as to any of the
claims or parties, and the order or other form of decision is
subject to revision at any time before the entry of judgment
adjudicating all the claims and the rights and liabilities of all
the parties.
(e) A default judgment shall not be different in kind from
or exceed in amount that prayed for in the demand for
judgment. Except as to a party against whom a default
judgment is entered, every final judgment shall grant the relief
to which the party in whose favor it is rendered is entitled,
even if the party has not demanded such relief in the pleadings.
(f) Dismissal for Want of Prosecution. Actions which
have been pending in a court for more than six months without
any proceedings having been taken may be dismissed as a
matter of course for want of prosecution by the court on its
own motion or on motion of a party to the action. The clerk
shall review all pending cases semi-annually, and in all cases
in which no proceedings have been taken for more than six
months, shall send notice to the parties to show cause in
writing why the action should not be dismissed. If good cause
to the contrary is not shown within 30 days of distribution of
the notice, the court shall dismiss the action. The clerk may
dismiss actions under this paragraph if a party has not opposed
dismissal. A dismissal for want of prosecution is without
prejudice unless the court states in the order that the case is
dismissed with prejudice.
(g) A claim may be dismissed with or without prejudice
and without court order at any time by agreement of the
parties, or upon written notice by the plaintiff at any time
before the defendant has filed an answer. A dismissal with
prejudice bars action in any court based on the claim
dismissed.
(h) Judgment by confession may be entered pursuant to
Civil Rule 57. Judgment pursuant to a compromise may be
entered by written agreement of the parties or by oral
declarations on the record at trial.
(i) After trial, the court shall enter judgment. The
judgment need not be supported by findings of fact or
conclusions of law. The judgment shall specify the exact relief
given.
(j) If the judgment is entered upon a written instrument,
the instrument shall be filed with the court and canceled by
marks or writing across its face, unless the court orders
otherwise.
(k) The court or the clerk may order a money judgment
payable in installments and stay levy of execution upon
stipulation of the parties. In the event the judgment is ordered
payable in installments, it shall bear interest as provided by
law. If the terms of a judgment made payable in installments
are violated, execution may issue for the balance of the
judgment remaining unpaid.
(l) The clerk shall distribute a copy of every order or
judgment entered to all parties to the action. Every order and
judgment shall include a clerk’s certificate of distribution as
defined in Civil Rule 58.1(d).
History
(SCO 225 effective May 1, 1976; amended by SCO 554 effective April 4, 1983; by SCO 745 effective December 15, 1986; by SCO 753 effective December 15, 1986; by SCO 799 effective February 17, 1987; by SCO 839 effective August 1, 1987; by SCO 1153 effective July 15, 1994; by SCO 1663 effective April 15, 2009 and by SCO 1965 effective April 15, 2021)
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
5daf9c1602aa5f4bcc356092cf65f5486b4df2c9e806f7a026259964def30e29
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