Alaska

Civil Procedure

Civil Procedure

Rule 3 – Commencement of Action and Venue

(a) A civil action is commenced by filing a complaint with the court. The complaint, in order to be accepted for filing, must be accompanied by a completed case description on a form provided by the clerk of court. Unless filing by fax or electronic mail where authorized, the complaint shall also be accompanied by an envelope addressed to the plaintiff with sufficient postage to mail the envelope and all summonses that will be issued in the case.
(b) All actions in ejectment, for recovery of possession, for quieting title, for partition, or for the enforcement of liens upon real property shall be commenced in the superior court in the judicial district in which the real property, or any part of it affected by the action, is situated. Such actions may also be commenced in the venue district in which the real property is located if the superior court in the district accepts such cases for filing.
(c) If, in a civil action other than one specified in (b) of this rule, a defendant can be personally served within a judicial district of the State of Alaska, the action may be commenced either in:

(1) the judicial district in which the claim arose; or
(2) a judicial district where the defendant may be personally served; or
(3) a venue district where the claim arose if the superior court in the district accepts such cases for filing.
(d) Subject to a change of venue motion under AS 22.10.040, a trial and any hearings in an action shall be conducted in a venue district within the judicial district at a location which would best serve the convenience of the parties and witnesses.
(e) Actions in cases not otherwise covered under this rule may be commenced in any judicial district of the state.
(f) Failure to make timely objection to improper venue waives the venue requirements of this rule.
(g) Venue districts as used in this rule refer to the districts referenced in the venue map described in Criminal Rule 18.
(h) A petition or request for a protective order on domestic violence under AS 18.66 or a protective order on stalking or sexual assault under AS 18.65 may be filed in either the judicial district or the court location closest to

(1) where the petitioner currently or temporarily resides;
(2) where the respondent resides; or
(3) where the domestic violence, stalking, or sexual assault occurred.

Alaska R. Civ. P. 3

Adopted by SCO 5 October 9, 1959; amended by SCO 554 effective April 4, 1983; by SCO 683 effective May 15, 1986; by SCO 697 effective September 15, 1986; by SCO 714 effective September 15, 1986; by SCO 744 effective December 15, 1986; by SCO 760 effective December 15, 1986; by SCO 811 effective August 1, 1987; by SCO 1097 effective January 15, 1993; by SCO 1128 effective July 15, 1993; by SCO 1269 effective July 15, 1997; by SCO 1397 effective October 15, 2000; by SCO 1402 effective October 15, 2000; by SCO 1450 effective October 15, 2001; by SCO 1656 effective April 15, 2008; by SCO 1740 effective nunc pro tunc toSeptember 7, 2010; amended by SCO 1819 effective April 15, 2014; and by SCO 1865 effective October 15, 2015; amended by SCO 1959 effective May 14, 2020.

Note to SCO 1269: Civil Rule 3(h) was added by 68 ch. 64 SLA 1996. Section 8 of this order is adopted for the sole reason that the legislature has mandated the amendment.

In 1996, the legislature enacted AS 37.15.583(b), which requires that certain actions pertaining to Alaska clean water fund revenue bonds be commenced and conducted in the superior court at Juneau. According to 13 ch. 141 SLA 1996, this statute has the effect of amending Civil Rule 3.

Note: In 2000, the legislature amended AS 37.15.583(a) to allow the owners of Alaska drinking water fund revenue bonds to file suit to enforce their rights. An action brought under AS 37.15.583(a) must be commenced and conducted in the superior court at Juneau. According to 24 ch. 61 SLA 2000, the amendment to AS 37.15.583(a) has the effect of amending Civil Rule 3.

Note: Ch. 79 SLA 2002 (HB 182), Section 9, adds a new Chapter 25 to Title 45 of the Alaska Statutes, concerning motor vehicle sales and dealers. According to Section 14 of the Act, AS 45.25.020(b) has the effect of amending Civil Rule 3 by establishing a different rule for determining where a legal dispute described in AS 45.25.020(a) may be brought.

Note to Civil Rule 3(g): The venue districts referenced in this rule and in Criminal Rule 18 are shown on the venue map available on the Alaska Court System website at http://www.courts.alaska.gov/venuemapinfo.htm.

Note: Chapter 64, SLA 2010 (SB 60), effective September 7, 2010, enacted changes relating to the Uniform Probate Code. According to section 12(a) of the Act, AS 13.16.055(a), as amended by section 9 of the Act, has the effect of amending Civil Rule 3 by establishing a special venue rule for the first informal or formal testacy or appointment proceedings after a decedent’s death when the decedent was not domiciled in this state. According to section 12(b) of the Act, AS 13.12.540, as enacted by section 8 of the Act, has the effect of amending Civil Rule 3 by establishing special venue rules for a petition under AS 13.12.530 or 13.12.535, enacted by section 8 of the Act.

AS 09.10.010