Alaska

Civil Procedure

Civil Procedure

Rule 73 – The Clerk

(a)When Clerk’s Office Is Open. The clerk’s office with the clerk or a deputy in attendance shall be open during business hours on all days except judicial holidays and Saturdays.
(b)Orders by Clerk. The clerk is authorized to enter the following orders of the superior or district court without further direction by the court:

(1) Orders on consent for the substitution of attorneys.
(2) Orders on consent satisfying a judgment or an order for the payment of money, withdrawing stipulations, annulling bonds and exonerating sureties.
(3) Orders entering default for failure to plead or otherwise defend as provided in Rule 55(a).
(4) Orders upon motions and applications for issuing mesne process and issuing final process to enforce and execute judgments.
(5) Any other orders which do not require allowance or order of the court.

The clerk must forthwith notify the judge before whom the action is pending of the clerk’s action in entering any such order. Any order so entered may be suspended, altered or rescinded by the court for cause shown.

(c)Judgments by Clerk. The clerk is authorized to enter the following judgments of the superior or district court forthwith without further direction from the court:

(1) Default judgments under Rule 55(b) upon the following proof: an affidavit that the person against whom judgment is sought is not an infant or an incompetent person, and an affidavit under the Soldiers’ and Sailors’ Civil Relief Act of 1940, as amended, that defendant is not in the armed forces of the United States.
(2) Judgments on offers of judgment in the circumstances set forth in Rule 68.
(d)Notice of Orders or Judgments. Immediately upon the entry of an order or judgment, the clerk shall give notice by distributing a copy to each party who is not in default for failure to appear.

Alaska R. Civ. P. 73

Adopted by SCO 5 October 9, 1959; amended by SCO 77 effective July 30, 1965; by SCO 258 effective November 15, 1976; by SCO 289 effective January 15, 1978; by SCO 447 effective November 24, 1980; by SCO 499 effective January 18, 1982; by SCO 500 effective January 18, 1982; by SCO 554 effective April 4, 1983; and by SCO 1153 effective July 15, 1994

AS 10.06.658, as enacted by ch. 166, 1, SLA 1988, amended Civil Rule 73 by requiring the clerk of the superior court to send a copy of an order dissolving a corporation to the commissioner of commerce and economic development.

Note: Ch. 128 SLA 2002 (HB 393), Section 3, adds a new Chapter 66 to Title 45 of the Alaska Statutes, concerning the sale of business opportunities. According to Section 4 of the Act, AS 45.66.120(b) has the effect of amending Civil Rule 73 by requiring the clerk of the court to mail a copy of an order or judgment in an action under AS 45.66.120 to the attorney general.