THE ALASKA RULES OF CIVIL PROCEDURE
In the state
of Alaska, a process server license is required. An Alaskan process server must obtain a process server license
from the Alaska Commissioner of Public Safety.
In addition, a surety bond of at least $15,000 must be posted per
individual process server. The surety bond pertains mainly to theft that may
occur out of levies and executions. To
obtain a process server license, all applicants must pass a written examination,
according to the Alaska Administrative Code.
Assault on any state
process server is an offense under Federal Law (Title 18 U.S.C. § 1501). According to the federal statute, anyone
person(s) who knowingly and willingly obstructs, resists, or opposes any
officer of the United States or any other person duly authorized to serve
pleadings or attempting to serve or execute, any legal or judicial writ or
process of any court of the United States...shall, except as otherwise provided
by law, be fined not more than $300 or imprisoned not more than one year, or
both.
RULE 4. PROCESS.
(a) Summons - Issuance. Upon
the filing of the complaint the clerk shall forthwith issue a summons and
deliver it to the plaintiff or the plaintiff's attorney, who shall cause the
summons and a copy of the complaint to be served in accordance with this rule.
Upon request of the plaintiff separate or additional summonses shall issue
against any defendants.
(b) Summons - Form. The summons shall be signed by the clerk, be under
the seal of the court, contain the name of the court and the names of the
parties, be directed to the defendant, state the name and address of the
plaintiff's attorney, if any, otherwise the plaintiff's address, and the time
within which these rules require the defendant to appear and defend, and shall
notify the defendant that in case of defendant's failure to do so judgment by
default will be rendered against the defendant for the relief demanded in the
complaint.
(c) Methods of Service - Appointments
to Serve Process - Definition of Peace Officer
- Service of all process shall be made by a peace
officer, by a person specially appointed by the Commissioner of Public
Safety for that purpose or, where a rule so provides, by registered or
certified mail.
- A subpoena may be served as provided in Rule 45
without special appointment.
- Special appointments for the service of all
process relating to remedies for the seizure of persons or property
pursuant to Rule 64 or for the service of process to enforce a judgment by
writ of execution shall only be made by the Commissioner of Public Safety
after a thorough investigation of each applicant, and such appointment may
be made subject to such conditions as appear proper in the discretion of
the Commissioner for the protection of the public. A person so appointed
must secure the assistance of a peace officer for the completion of
process in each case in which the person may encounter physical resistance
or obstruction to the service of process.
- Special appointments for the service of all
process other than the process as provided under paragraph (3) of this
subdivision shall be made freely when substantial savings in travel fees
and costs will result.
- The term "peace officer" as used in
these rules shall include any officer of the state police, members of the
police force of any incorporated city, village or borough, United States
Marshals and their deputies, other officers whose duty is to enforce and
preserve the public peace, and within the authority conferred upon them,
persons specially appointed pursuant to paragraph (3) of this subdivision.
In Alaska, lobbyists
and state officials are always active in transforming laws concerning civil
procedure. As a result, state
information offered on our website may have been amended recently. For contemporary process serving and civil
statutes, visit the official Alaska Judicial System Court website:
www.state.ak.us/courts/
