Alaska

Civil Procedure

Civil Procedure

Rule 58 – Entry of Judgment

Subject to the provisions of Rule 54(b):

(1) upon a general verdict of a jury, or upon a decision by the court that a party shall recover only a sum certain or costs or that all relief shall be denied, the court or the clerk, upon direction of the court, shall forthwith enter the judgment;
(2) upon a decision by the court granting other relief, or upon a special verdict or a general verdict accompanied by answers to interrogatories, the court shall promptly enter judgment. Every judgment must be set forth on a separate document distinct from any findings of fact, conclusions of law, opinion, or memorandum. Entry of the judgment shall not be delayed, nor the time for appeal extended, for the taxing of costs or the award of fees. Judgments for the payment of money must be in the form required by Civil Rule 58.2.

Alaska R. Civ. P. 58

Adopted by SCO 5 October 9, 1959; amended by SCO 258 effective November 15, 1976; by SCO 554 effective April 4, 1983; by SCO 1281 effective August 7, 1997; by SCO 1295 effective January 15, 1998; by SCO 1415 effective October 15, 2000; and by SCO 1482 effective October 15, 2002

Ch. 139, § 1, SLA 1986, enacted AS 09.17.040 and AS 09.17.080 regarding awards of damages for personal injury and the apportionment of damages. According to Section 7 of the Act, AS 09.17.040 and AS 09.17.080 have the effect of amending Civil Rule 58. AS 09.17.040 requires verdicts to include an itemization between economic and non-economic losses, and allows for periodic payment in certain circumstances. AS 09.17.080, as amended, requires special interrogatories or findings on the amount of damages and percentages of fault, and requires that judgment be entered against each liable party on the basis of several liability.

Note: Ch. 26, § 10, SLA 1997 repeals and reenacts AS 09.17.020 concerning punitive damages. New AS 09.17.020(j) requires that 50 percent of an award of punitive damages be deposited in the state general fund. This provision applies to causes of action accruing on or after August 7, 1997. See ch. 26, § 55, SLA 1997. According to § 49 of the Act, new AS 09.17.020(j) has the effect of amending Civil Rule 58 by requiring the court to order that a certain percentage of an award of punitive damages be deposited into the general fund.

Note: Ch. 26, § 19, SLA 1997 amends AS 09.30.070 by adding subsection (c) concerning prejudgment interest on awards of future economic damages, future noneconomic damages, and punitive damages. This provision applies to causes of action accruing on or after August 7, 1997. See ch. 26, § 55, SLA 1997. According to § 53 of the Act, new AS 09.30.070(c) has the effect of amending Civil Rule 58 by providing that prejudgment interest may not be awarded for future economic or noneconomic damages or punitive damages.

Note: Sections 41, 43, 45, and 46 of chapter 87 SLA 1997 amend AS 25.20.050(n), AS 25.24.160(d), AS 25.24.210(e), and AS 25.24.230(i), respectively, to require that an order or acknowledgement of paternity, a divorce decree, a petition for dissolution of marriage, and a dissolution decree include the social security number of each party to the action and each child whose rights are being addressed. According to § 151 of the Act, these provisions have the effect of amending Civil Rules 52, 58, 78, and 90.1 by requiring the court to include social security numbers, if ascertainable, of parties and children in certain petitions, pleadings, and judgments.