Alaska Civil Procedure Flashcards

Under Alaska Civil Rule 12(b), which defense must be raised in the first responsive pleading or it is waived?

Answer: Lack of personal jurisdiction

Personal jurisdiction defenses under Rule 12(b)(2) are waived if not raised in the initial responsive pleading or motion.

What standard governs whether a case can be decided by summary judgment in Alaska?

Answer: No genuine dispute of material fact and moving party entitled to judgment as a matter of law

Alaska Rule 56 mirrors the federal standard: summary judgment is proper when there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law.

In Alaska, a motion for new trial must be filed within how many days of judgment?

Answer: 15 days

Alaska Rule 59(b) requires a motion for new trial to be filed within 15 days of entry of judgment.

Alaska's long-arm statute permits personal jurisdiction over out-of-state defendants when?

Answer: When they have minimum contacts with Alaska consistent with due process

AS 09.05.015 extends jurisdiction to the limits of constitutional due process, requiring minimum contacts with Alaska.

What is the purpose of Alaska Rule of Civil Procedure 11?

Answer: Require good faith certification of pleadings and motions

Rule 11 requires attorneys to certify that filings are not frivolous and are grounded in fact and law.

In Alaska civil proceedings, what happens if a party fails to appear at a scheduled trial?

Answer: The court may enter a default judgment or dismiss the action

Under Alaska rules, a party's failure to appear may result in default judgment against them or dismissal of their claims.