Alaska Dist. Ct. R. Civ. P. 8

As amended through December 18, 2024
Rule 8 - Scope and Applicability
(a) The following procedure applies to a small claim action:
(1) When all parties elect small claims procedure, a small claim action, as defined by AS 22.15.040, is governed by:
(A) this Part (Part II of the District Court Rules of Civil Procedure, Small Claims Rules);
(B) applicable portions of Civil Rules 5, 5.1, 5.3, and 6; and
(C) other rules specifically referenced in this Part (Part II of the District Court Rules of Civil Procedure, Small Claims Rules).
(2) When the parties do not elect small claim procedure, a small claim action is governed by Part I of the District Court Rules of Civil Procedure.
(b) A party having a claim or claims exceeding the maximum amount of a small claim as defined by AS 22.15.040 may waive the right to recover the excess amount and elect to proceed under this Part II, by filing a written waiver of the excess amount.
(c) Actions to foreclose or enforce statutory, common law or possessory liens and actions for recovery of real property may not be brought as small claims actions. The court may, on its own motion, order the rules in Part I to apply in any other action when important or difficult questions of fact or law are involved.

Alaska Dist. Ct. R. Civ. P. 8

SCO 225 effective 5/1/1976; amended by SCO 854 effective 1/15/1988; and by SCO 1153 effective 7/15/1994; amended by SCO 1965 effective 4/15/2021.

The effective date of Supreme Court Order 225, amending all of the small claims rules, was postponed by Supreme Court Orders 235, 237 and 242. The small claims rules were finally effective on May 1, 1976.

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The maximum amount of a small claim under AS 22.15.040 is $10,000. (Amended by SCO 1556, effective September 14, 2004)

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AS 22.15.040