Alaska

Civil Procedure

Civil Procedure

Rule 81 – Attorneys

(a) Who May Practice.

(1)Members of Alaska Bar Association. Subject to the provisions of paragraph (2) of this subdivision, only attorneys who are members of the Alaska Bar Association shall be entitled to practice in the courts of this state.
(2)Other Attorneys. A member in good standing of the bar of a court of the United States, or of the highest court of any state or any territory or insular possession of the United States, who is not a member of the Alaska Bar Association and not otherwise disqualified from engaging in the practice of law in this state, may be permitted, upon motion and payment of the required fee to the Alaska Bar Association, to appear and participate in a particular action or proceeding in a court of this state. The motion, and the notice of hearing, if any, shall be served on the executive director of the Alaska Bar Association and, unless the court directs otherwise by an order pursuant to Rule 5(c) of these Rules, on each of the parties to the action or proceeding. With the motion, the applicant must file with the court the following:

(A) The name, address and telephone number of a member of the Alaska Bar Association with whom the applicant will be associated, who is authorized to practice in the courts of this state.
(B) A written consent to the motion, signed by such member of the Alaska Bar Association.
(C) A certificate from the presiding judge, clerk of the court, or bar association where the applicant has been admitted to practice, executed not earlier than 60 days prior to the filing of the motion, showing that the applicant has been so admitted in such court, that he is in good standing therein and that the applicant’s professional character appears to be good.
(D) Proof of payment of the required fee to the Alaska Bar Association.

An attorney thus permitted to appear may participate in a particular action or proceeding in all respects, except that all documents requiring signature of counsel for a party may not be signed solely by such attorney, but must bear the signature also of local counsel with whom the attorney is associated.

(3)Authority and Duties of Attorneys. Local counsel shall be primarily responsible to the court for the conduct of all stages of the proceedings, and their authority shall be superior to that of attorneys permitted to appear under paragraph (2) of this subdivision.
(b) Ex Parte Applications. All motions for ex parte orders must be made by an attorney or in propria persona.
(c) General Appearance by Counsel.

(1) An attorney who files a pleading or appears in a court proceeding on behalf of a party shall be deemed to have entered an appearance for all purposes in that case unless the attorney has filed and served a limited entry of appearance under (d) of this rule.
(2) Except as otherwise ordered by the court, or except as provided in Rule 81(d) and 81(e)(1)(D), a party who has appeared by an attorney may not thereafter appear or act in the party’s own behalf in any action or proceeding, unless order of substitution shall have been made by the court after notice to such attorney.
(d) Limited Appearance By Counsel. A party in a non-criminal case may appear through an attorney for limited purposes during the course of an action, including, but not limited to, depositions, hearings, discovery, and motion practice, if the following conditions are satisfied:

(1) The attorney files and serves an entry of appearance with the court before or during the initial action or proceeding that expressly states that the appearance is limited, and all parties of record are served with the limited entry of appearance; and.
(2) The entry of appearance identifies the limitation by date, time period, or subject matter.
(e) Withdrawal of Attorney.

(1) An attorney who has appeared for a party in an action or proceeding may be permitted to withdraw as counsel for such party only as follows:

(A) Where the party has other counsel ready to be substituted for the attorney who wishes to withdraw; or
(B) Where the party expressly consents in open court or in writing to the withdrawal of the party’s attorney, the party has provided in writing or on the record a current service address, telephone number, and email address, and the attorney who wishes to withdraw has provided to the party a list of pending pretrial or post-trial deadlines, appellate deadlines, motion deadlines, and hearing dates and times;
(C) Where the party’s consent has not been obtained, the court may grant a motion to withdraw for good cause. The court is required to hold a hearing on the motion only upon a party’s timely request. A party’s request for a hearing is timely if it is made within ten days of service of the motion to withdraw. In addition,

(i) the motion to withdraw must be served on the party in person or by mail at the last known address, and must inform the party of a right to request a hearing within ten days of service of the motion;
(ii) the attorney shall enclose with the motion a list of all hearing dates and pending deadlines including pretrial or post-trial deadlines, motion deadlines, and appellate deadlines; and
(iii) the attorney shall certify to the court that the attorney has complied with the requirements for service of the motion and shall provide the court with the party’sclient’s last known address, and telephone number, and email address; or
(D) In accordance with the limitations set forth in any limited entry of appearance filed pursuant to Civil Rule 81(d). An attorney may withdraw under this subparagraph by filing a notice with the court, served on all parties of record, stating that the attorney’s limited representation has concluded; certifying that the attorney has taken all actions necessitated by the limited representation; and providing to the court a current service address, telephone number, and email address and to the client a list of pending pretrial or post-trial deadlines, appellate deadlines, motion deadlines, and hearing dates and times. Upon the filing of such notice, the withdrawal shall be effective, without court action or approval.
(2) An attorney shall be considered to have properly withdrawn as counsel for a party in an action or proceeding in which a period of one year has elapsed since the filing of any paper or the issuance of any process in the action or proceeding, and

(A) The final judgment or decree has been entered and the time for filing an appeal has expired, or
(B) If an appeal has been taken, the final judgment or decree upon remand has been entered or the mandate has issued affirming the judgment or decree.

This subparagraph (2) shall not apply to an attorney who files and serves a notice of continued representation.

(f) Stipulations. Stipulations between parties or their attorneys will be recognized only when made in open court, or when made in writing and filed with the clerk.
(g) Time for Argument. Unless otherwise specially ordered no longer than one quarter hour shall be allowed each party for argument upon any motion, or on any hearing other than a final hearing on the merits. The time for opening statements and arguments at the trial of an action shall be determined in accordance with Civil Rule 46(h).
(h) Disbarment and Discipline. Whenever it appears to the court that any member of the bar has been disbarred or suspended from practice or convicted of a felony, that member shall not be permitted to practice before the court until the member is thereafter reinstated according to existing statutes and rules.

Alaska R. Civ. P. 81

Adopted by SCO 5 October 9, 1959; amended by SCO 98 effective September 16, 1968; by SCO 258 effective November 15, 1976; by SCO 355 effective April 1, 1979; by SCO 390 effective November 7, 1979; by SCO 604 effective September 14, 1984; by SCO 612 effective January 1, 1985; by SCO 696 effective September 15, 1986; by SCO 876 effective July 15, 1988; by SCO 1153 effective July 15, 1994; by SCO 1450 effective October 15, 2001; and by SCO 1544 effective October 15, 2004; and by SCO 1627 effective October 15, 2007; and by SCO 1854 effective October 1, 2015.