Alaska

Civil Procedure

Civil Procedure

Rule 78 – Findings, Conclusions, Judgments and Orders-Preparation and Submission

(a)Preparation and Submission — Service. Unless otherwise ordered by the court, counsel for the successful party to an action or proceeding shall prepare in writing and file and serve on each of the other parties proposed findings of fact, conclusions of law, judgments and orders. In a case in which the custody of children is at issue, a party required to prepare findings of fact, conclusions of law, or a judgment or order pertaining to that issue shall serve and file them within 10 days after the day on which the judge announces on the record that the party is to prepare them, pursuant to Rule 58.1(a)(1). Proof of service on the other parties must be on a separate document.
(b)Objections. Within 5 days after service of any of the documents mentioned in paragraph (a), a party may file and serve a written detailed statement of objections to any such document and the reasons therefor. If objections are filed and served within the time specified herein, the court may thereafter require the attorneys interested to appear before it, or it may sign the document as prepared by counsel for the successful party or as modified by the court.
(c)Punitive Damages Award. When punitive damages are awarded, the party preparing the proposed judgment shall serve on the Attorney General in Juneau a notice entitled “Notice of Award of Punitive Damages” and a copy of the proposed judgment.
(d)Order Upon Stipulation. When a party desires an order of court pursuant to stipulation, the party shall title the document “Stipulation and Order” and shall endorse at the end of the instrument the words “It is so ordered” with the date and a blank line for the signature of the judge. The word “Judge” shall appear at the end of the blank line. The name of the judge, if known, shall be typed immediately under the signature line prior to presentation for signature. A stipulation extending time or providing for a continuance shall state the grounds therefor.
(e)Instruments on Which Judgment Entered. In all cases in which a judgment upon a written instrument is entered, such instrument shall be filed with the court, and unless the court otherwise orders, it shall be canceled by marks and writing upon its face. The clerk shall retain the same in the files unless otherwise directed by the court.
(f)Form of Judgments. Judgments for the payment of money must be in the form required by Civil Rule 58.2.

Alaska R. Civ. P. 78

Adopted by SCO 5 October 9, 1959; amended by SCO 554 effective April 4, 1983; by SCO 580 effective February 1, 1984; by SCO 616 effective May 15, 1985; by SCO 1153 effective July 15, 1994; by SCO 1295 effective January 15, 1998; and by SCO 1415 effective October 15, 2000

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 ยง 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.