Bindinglaw

AK · rules

Alaska Dist. Ct. R. Civ. P. 17

Judgment

activein force · 2021-04-15 – presentact-effective-date

(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
View the official source →

The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.

Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

Coverage · API docs

Bindinglaw

Point-in-time US law with the receipt attached. Source URL, retrieval time, content hash, and validity dates on every answer.

curl api.binding.law/v1/law/coverage

© 2026 binding.law · a Jubal, Inc. productAttorneys and firms never pay. Ever.
Alaska Dist. Ct. R. Civ. P. 17 — Judgment · binding.law