Alaska Rules of Civil Procedure

Overview: 

Alaska Rules of Civil Procedure consist of the rules by which state courts conduct civil trials. Civil trials concern the judicial resolution of claims by one individual or class against another. An understanding of the civil procedure laws ensures that process service is properly effectuated. Therefore, it is crucial for lawyers, paralegals, process servers, and pro se litigants to be properly informed of the rules and regulations that pertain to service of process. ​

CONTENTS:

Rule 4. Process.

• Summons | Issuance

• Summons | Form

• Methods of Service

• Summons | Personal Service

• Return

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• (a) Summons - Issuance.
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  Upon the filing of the complaint the clerk shall forthwith issue a summons and deliver it to the plaintiff or the plaintiff’s attorney, who shall cause the summons and a copy of the complaint to be served in accordance with this rule. Upon request of the plaintiff separate or additional summonses shall issue against any defendants.
• (b) Summons - Form.
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  The summons shall be signed by the clerk, be under the seal of the court, contain the name of the court and the names of the parties, be directed to the defendant, state the name and address of the plaintiff’s attorney, if any, otherwise the plaintiff’s address, and the time within which these rules require the defendant to appear and defend, and shall notify the defendant that in case of defendant’s failure to do so judgment by default will be rendered against the defendant for the relief demanded in the complaint.
• (c) Methods of Service - Appointments to Serve Process - Definition of Peace Officer

  1. Service of all process shall be made by a peace officer, by a person specially appointed by the Commissioner of Public Safety for that purpose or, where a rule so provides, by registered or certified mail.
  2. A subpoena may be served as provided in Rule 45 without special appointment.
  3. Special appointments for the service of all process relating to remedies for the seizure of persons or property pursuant to Rule 64 or for the service of process to enforce a judgment by writ of execution shall only be made by the Commissioner of Public Safety after a thorough investigation of each applicant, and such appointment may be made subject to such conditions as appear proper in the discretion of the Commissioner for the protection of the public. A person so appointed must secure the assistance of a peace officer for the completion of process in each case in which the person may encounter physical resistance or obstruction to the service of process.
  4. Special appointments for the service of all process other than the process as provided under paragraph (3) of this subdivision shall be made freely when substantial savings in travel fees and costs will result.
  5. The term “peace officer” as used in these rules shall include any officer of the state police, members of the police force of any incorporated city, village or borough, United States Marshals and their deputies, other officers whose duty is to enforce and preserve the public peace, and within the authority conferred upon them, persons specially appointed pursuant to paragraph (3) of this subdivision.
• (d) Summons - Personal Service.
  
  (1) Individuals. ... by delivering a copy of the summons and of the complaint to to the individual personally, or by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and of the complaint to an agent by appointment or by law to receive service of process
  
  (4) Corporations. ... by delivering ... to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process
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  (12) Personal Service Outside State. Upon a party outside the state in the same manner as if service were made within the state, except that service shall be made by a sheriff, constable, bailiff, peace officer or other officer having like authority and jurisdiction where service is made, or by a person specifically appointed by the court to make service
• (f) Return.
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  The person serving the process shall give proof of service thereof ... promptly and in any event within the time during which the person served must respond to the process. ... If service is made by a person other than a peace officer, the person shall make affidavit thereof, proof of service shall be in writing and shall set forth the manner, place, date of service, and all pleadings or other papers served with the process. Failure to make proof of service does not affect the validity of the service.

Other Alaska Rules and Regulations Pertaining to Process Service.

• Title 22. Judiciary

• Alaska Administrative Code: Title 13. Public Safety

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• (a) Summons - Issuance.
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  Upon the filing of the complaint the clerk shall forthwith issue a summons and deliver it to the plaintiff or the plaintiff’s attorney, who shall cause the summons and a copy of the complaint to be served in accordance with this rule. Upon request of the plaintiff separate or additional summonses shall issue against any defendants.
• 067.5. In accordance with AS 22.20, it is the duty of the commissioner of public safety to provide for the proper service of process issued by the supreme court and all lower state courts. The supreme court, in Rule 11(b) of the Rules of Administration, Rules 4(c)(3) and 45 of the Rules of Civil Procedure, and Rule 17 of the Rules of Criminal Procedure, has specifically provided that process may be served by private persons appointed or designated by the commissioner. A civilian process server is a private person who, by virtue of holding a license issued under this chapter, may serve process under AS 22.20.120. The provisions of 067.010-067.990 address the application and licensing requirements, disciplinary guidelines, and standards of professional conduct that the commissioner finds are necessary to assure that the civilian service of process is done in accordance with the rules of the supreme court and in a manner that protects the public.
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  067.30. Process Server Application and Supporting Documents
  (a) An application for a process server license must be submitted to the department on a form provided by the department printed legibly or typewritten. An application must include the following information about the applicant: [enumerates 18 items of personal information]
  (b) The application must include: [three sworn statements and notarized signature]
  (c) The following items must accompany the application: two sets of fingerprints, fee for processing fingerprints, proof of surety bond, $25 nonrefundable application fee, and a copy of applicants valid Alaska business license.
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  067.70 Process Server License
  067.80 Application for Renewal of License
  067.100 Examination Content
• (c) Methods of Service - Appointments to Serve Process - Definition of Peace Officer

  1. Service of all process shall be made by a peace officer, by a person specially appointed by the Commissioner of Public Safety for that purpose or, where a rule so provides, by registered or certified mail.
  2. A subpoena may be served as provided in Rule 45 without special appointment.
  3. Special appointments for the service of all process relating to remedies for the seizure of persons or property pursuant to Rule 64 or for the service of process to enforce a judgment by writ of execution shall only be made by the Commissioner of Public Safety after a thorough investigation of each applicant, and such appointment may be made subject to such conditions as appear proper in the discretion of the Commissioner for the protection of the public. A person so appointed must secure the assistance of a peace officer for the completion of process in each case in which the person may encounter physical resistance or obstruction to the service of process.
  4. Special appointments for the service of all process other than the process as provided under paragraph (3) of this subdivision shall be made freely when substantial savings in travel fees and costs will result.
  5. The term “peace officer” as used in these rules shall include any officer of the state police, members of the police force of any incorporated city, village or borough, United States Marshals and their deputies, other officers whose duty is to enforce and preserve the public peace, and within the authority conferred upon them, persons specially appointed pursuant to paragraph (3) of this subdivision.

​Disclaimer: Laws and regulations change often, therefore please visit your state specific website to stay abreast of updates and amendments.

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