AK Bar Alaska Civil Procedure 2 — Questions and Answers
Question 1: Under Alaska Civil Rule 12(b), which defense must be raised in the first responsive pleading or it is waived?
- Lack of personal jurisdiction (Correct answer)
- Failure to state a claim
- Lack of subject matter jurisdiction
- Res judicata
Correct 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.
Question 2: What standard governs whether a case can be decided by summary judgment in Alaska?
- No genuine dispute of material fact and moving party entitled to judgment as a matter of law (Correct answer)
- Preponderance of the evidence
- Beyond a reasonable doubt
- Clear and convincing evidence
Correct 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.
Question 3: In Alaska, a motion for new trial must be filed within how many days of judgment?
- 10 days
- 14 days
- 15 days (Correct answer)
- 30 days
Correct answer: 15 days
Alaska Rule 59(b) requires a motion for new trial to be filed within 15 days of entry of judgment.
Question 4: Alaska's long-arm statute permits personal jurisdiction over out-of-state defendants when?
- Always, regardless of contacts
- When they have minimum contacts with Alaska consistent with due process (Correct answer)
- Only when they reside in Alaska
- Only when the contract specifies Alaska law
Correct 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.
Question 5: What is the purpose of Alaska Rule of Civil Procedure 11?
- Govern discovery sanctions
- Require good faith certification of pleadings and motions (Correct answer)
- Set trial procedure
- Define jury instructions
Correct 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.
Question 6: In Alaska civil proceedings, what happens if a party fails to appear at a scheduled trial?
- The case is automatically dismissed with prejudice
- The court may enter a default judgment or dismiss the action (Correct answer)
- The trial is indefinitely postponed
- The opposing party must reschedule
Correct 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.
AK Bar Alaska Civil Procedure 2
Under Alaska Civil Rule 12(b), which defense must be raised in the first responsive pleading or it is waived?