HB 384: "An Act relating to submission of civil litigation information; and amending Rules 41(a) and 58, Alaska Rules of Civil Procedure, Rule 511(c) and (e), Alaska Rules of Appellate Procedure, and Rule 503(d), Alaska Rules of Evidence."
00 HOUSE BILL NO. 384 01 "An Act relating to submission of civil litigation information; and amending Rules 41(a) 02 and 58, Alaska Rules of Civil Procedure, Rule 511(c) and (e), Alaska Rules of Appellate 03 Procedure, and Rule 503(d), Alaska Rules of Evidence." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 09.68.130(a) is repealed and reenacted to read: 06 (a) Except as provided in (c) and (e) of this section, the Alaska Judicial 07 Council shall collect and evaluate information relating to all resolved civil cases. The 08 information shall be collected on a form developed by the council for that purpose and 09 must include 10 (1) the case name, file number, and date filed; 11 (2) the names of all parties to the case, each party's role in the case, 12 and the names of each party's attorney or attorneys, if the party is represented; 13 (3) a description of the party or parties who prevailed in the case; 14 (4) a description of the types of claims brought, the types of relief
01 sought, and the nature of awarded amounts, including whether awards were made at 02 trial for punitive or noneconomic damages or declaratory or injunctive relief; 03 (5) the date the case was disposed of and the method of disposition; 04 (6) the gross amount of settlement or judgment; 05 (7) the amount of the settlement or judgment and any costs and 06 attorney fees covered by liability insurance; 07 (8) for the party making disclosure, the percentage of the settlement or 08 judgment owed by the party to another as a subrogated amount; 09 (9) whether a method of alternative dispute resolution was used to 10 resolve the case, the method used, and, for the party making the disclosure, the amount 11 spent by the party on alternative dispute resolution separately from other costs; 12 (10) for the party making the disclosure, if the party is represented by 13 an attorney, the type of fee agreement made between the party and the attorney, the 14 total amount of attorney fees incurred, and 15 (A) if a contingent fee was applied, the percentage of the 16 judgment or settlement the fee represents; 17 (B) if an hourly fee was applied, the hourly rate and the number 18 of hours worked; 19 (C) if an attorney acted as in-house or corporate counsel or as 20 state or local government counsel, the hours the attorney worked on the case 21 and a rate the attorney would use to calculate fees under Rule 82, Alaska Rules 22 of Civil Procedure; 23 (D) if a flat fee was applied, the amount of the fee; 24 (E) if a fee was entirely waived or the attorney provided pro 25 bono services, that there was no fee; 26 (11) the total amount of costs incurred by a party, excluding costs for 27 alternative dispute resolution reported as required by (9) of this subsection; 28 (12) for the party making the disclosure, the total amount recovered by 29 the party after the case was finally resolved, after subtracting amounts owed for 30 attorney fees, costs, subrogation, or any other amount owed that reduces the party's net 31 recovery; and
01 (13) for the party making the disclosure, the party's or the party's 02 attorney's signature, printed name, date submitted, and telephone number. 03 * Sec. 2. AS 09.68.130(c) is amended to read: 04 (c) The requirements of (a) of this section do not apply to the following types 05 of cases: 06 (1) divorce and dissolution; 07 (2) adoption, custody, support, visitation, and emancipation of 08 children; 09 (3) children-in-need-of-aid cases under AS 47.10 or delinquent minors 10 cases under AS 47.12; 11 (4) domestic violence protective orders under AS 18.66.100 - 12 18.66.180; 13 (5) estate, guardianship, and trust cases filed under AS 13; 14 (6) small claims under AS 22.15.040; 15 (7) forcible entry and detainer cases; 16 (8) administrative appeals; 17 (9) motor vehicle impound or forfeiture actions under municipal 18 ordinance; 19 (10) delinquent tax and tax foreclosure cases; 20 (11) quiet title cases. 21 * Sec. 3. AS 09.68.130(d) is amended to read: 22 (d) A party to a civil case, except a civil case described in (c) of this section, 23 or, if the party is represented by an attorney, the party's attorney shall submit the 24 information described in (a) of this section to the Alaska Judicial Council. The 25 information must be submitted within 30 days after the case is finally resolved as to 26 that party and on a form specified by the Alaska Judicial Council. A party to a civil 27 case may not form an agreement with another party that has the intent or effect 28 of withholding civil case information from the Alaska Judicial Council. An 29 agreement in violation of this subsection is void. A party or the party's attorney 30 may not assert the attorney-client privilege against the Alaska Judicial Council as 31 a reason to withhold information required to be provided under this section.
01 * Sec. 4. AS 09.68.130 is amended by adding a new subsection to read: 02 (e) If a party appeals a judgment, the requirement to submit information under 03 (a) of this section to the Alaska Judicial Council does not apply to a party to the appeal 04 until 05 (1) the case is dismissed or settled under the Alaska Rules of Appellate 06 Procedure; or 07 (2) judgment is entered after or upon resolution of the appeal under the 08 Alaska Rules of Appellate Procedure and after the case is finally resolved as to that 09 party. 10 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 DIRECT COURT RULE AMENDMENT. Rule 41(a), Alaska Rules of Civil 13 Procedure, is amended to read: 14 (a) Voluntary Dismissal - Effect Thereof. 15 (1) By Plaintiff - By Stipulation. Subject to the provisions of Rule 16 23(c), of Rule 66 and of any statute of the state, an action may be dismissed by the 17 plaintiff without an order of the court: [a] by filing a notice of dismissal at any time 18 before service by the adverse party of an answer or of a motion for summary 19 judgment, whichever first occurs; or [b] by filing a stipulation of dismissal signed by 20 all parties who have appeared in the action. A notice of dismissal must include a 21 certification signed by or on behalf of the plaintiff that the plaintiff will timely submit 22 [HAS SUBMITTED] the information required under AS 09.68.130 and (a)(3) of this 23 rule to the Alaska Judicial Council or that the case is exempt from this requirement. A 24 stipulation of dismissal must include a certification signed by or on behalf of all 25 parties who have appeared in the action that the parties will timely submit the 26 information required under AS 09.68.130 and (a)(3) of this rule to the Alaska 27 Judicial Council or that the case is exempt from AS 09.68.130 and (a)(3) of this 28 rule. Each party shall provide a copy of the party's certification to the Alaska 29 Judicial Council. Unless otherwise stated in the notice of dismissal or stipulation, the 30 dismissal is without prejudice, except that a notice of dismissal operates as an 31 adjudication upon the merits when filed by a plaintiff who has once dismissed in any
01 court of this state, or of any other state, or in any court of the United States, an action 02 based on or including the same claim. 03 (2) By Order of Court. Except as provided in paragraph (1) of this 04 subdivision of this rule, an action shall not be dismissed at the plaintiff's instance save 05 upon order of the court and upon such terms and conditions as the court deems proper. 06 If a counterclaim has been pleaded by a defendant prior to the service upon the 07 defendant of the plaintiff's motion to dismiss, the action shall not be dismissed against 08 the defendant's objection unless the counterclaim can remain pending for independent 09 adjudication by the court. Unless otherwise specified in the order, a dismissal under 10 this paragraph is without prejudice. 11 (3) Information about the Resolution of Civil Cases. If an action is 12 voluntarily dismissed under this subdivision [PARAGRAPH (a)] of this rule, each 13 party or, if a party is represented by an attorney, the party's attorney must submit the 14 information described in AS 09.68.130(a) to the Alaska Judicial Council. The 15 information must be submitted within 30 days after the case is finally resolved as to 16 that party and on a form specified by the Alaska Judicial Council. The following 17 types of cases are exempt from this requirement: 18 (A) divorce and dissolution; 19 (B) adoption, custody, support, visitation, and emancipation of 20 children; 21 (C) children-in-need-of-aid cases under AS 47.10 or delinquent 22 minor cases under AS 47.12; 23 (D) domestic violence protective orders under AS 18.66.100 - 24 18.66.180; 25 (E) estate, guardianship, and trust cases filed under AS 13; 26 (F) small claims under AS 22.15.040; 27 (G) forcible entry and detainer cases; 28 (H) administrative appeals; [AND] 29 (I) motor vehicle impound or forfeiture actions under municipal 30 ordinance; 31 (J) delinquent tax and tax foreclosure cases; and
01 (K) quiet title cases. 02 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 DIRECT COURT RULE AMENDMENT. Rule 58, Alaska Rules of Civil Procedure, 05 is amended to read: 06 Rule 58. Entry of Judgment. (a) Subject to the provisions of Rule 54(b) 07 and subdivisions (b) and (c) of this rule: (1) upon a general verdict of a jury, or 08 upon a decision by the court that a party shall recover only a sum certain or costs or 09 that all relief shall be denied, the court or the clerk, upon direction of the court, shall 10 forthwith enter the judgment; (2) upon a decision by the court granting other relief, or 11 upon a special verdict or a general verdict accompanied by answers to interrogatories, 12 the court shall promptly enter judgment. Every judgment must be set forth on a 13 separate document distinct from any findings of fact, conclusions of law, opinion, or 14 memorandum. Entry of the judgment shall not be delayed, nor the time for appeal 15 extended, for the taxing of costs or the award of fees. Judgments for the payment of 16 money must be in the form required by Civil Rule 58.2. 17 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 DIRECT COURT RULE AMENDMENT. Rule 58, Alaska Rules of Civil Procedure, 20 is amended by adding new subdivisions to read: 21 (b) Certification and submission of information about Judgments in Civil 22 Cases. 23 (1) Before the court enters judgment, each party, or the party's attorney 24 if a party is represented, must certify that the party will timely submit the information 25 required under AS 09.68.130(a) and (3) of this subdivision to the Alaska Judicial 26 Council or that the case is exempt from this requirement under subdivision (c) of this 27 rule. 28 (2) Each party shall provide a copy of the party's certification to the 29 Alaska Judicial Council. 30 (3) After the court enters judgment, each party or, if a party is 31 represented by an attorney, the party's attorney, must submit the information described
01 in AS 09.68.130(a) to the Alaska Judicial Council. The information must be 02 submitted within 30 days after the case is finally resolved as to that party, including 03 costs and attorney fees awards, and on a form specified by the Alaska Judicial 04 Council. 05 (4) If a party appeals a judgment, the requirement to submit 06 information under AS 09.68.130 to the Alaska Judicial Council does not apply to a 07 party to the appeal until the case is dismissed or settled (see Civil Rule 41), or 08 judgment is entered after, or upon resolution of, the appeal and after the case is finally 09 resolved as to that party, including costs and attorney fees awards. 10 (c) Exemptions. The following types of cases are exempt from the 11 requirements set forth in subdivision (b) of this rule: 12 (1) divorce and dissolution; 13 (2) adoption, custody, support, visitation, and emancipation of 14 children; 15 (3) children-in-need-of-aid cases under AS 47.10 or delinquent minors 16 cases under AS 47.12; 17 (4) domestic violence protective orders under AS 18.66.100 - 18 18.66.180; 19 (5) estate, guardianship, and trust cases filed under AS 13; 20 (6) small claims under AS 22.15.040; 21 (7) forcible entry and detainer cases; 22 (8) administrative appeals; 23 (9) motor vehicle impound or forfeiture actions under municipal 24 ordinance; 25 (10) delinquent tax cases or tax foreclosure cases; and 26 (11) quiet title cases. 27 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 DIRECT COURT RULE AMENDMENT. Rule 511(c), Alaska Rules of Appellate 30 Procedure, is amended to read: 31 (c) Certification. An agreement or motion for dismissal filed under (a) or (b)
01 of this rule must include a copy of each party's certification signed as required by 02 Civil Rule 58(b) that the [SETTLEMENT] information required under AS 09.68.130 03 and (e) of this rule will be timely [HAS BEEN] submitted to the Alaska Judicial 04 Council or that the case is exempt from this requirement. 05 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 DIRECT COURT RULE AMENDMENT. Rule 511(e), Alaska Rules of Appellate 08 Procedure, is amended to read: 09 (e) Information about the Resolution of Civil Cases. If a proceeding is 10 dismissed under paragraph (a) or (b) of this rule, or otherwise fully resolved by the 11 appellate court without remand to the trial court, each party or, if a party is 12 represented by an attorney, the party's attorney must submit the information described 13 in AS 09.68.130(a) to the Alaska Judicial Council. The information must be 14 submitted within 30 days after the proceeding is finally resolved as to that party and 15 on a form specified by the Alaska Judicial Council. The following types of cases are 16 exempt from this requirement: 17 (1) divorce and dissolution; 18 (2) adoption, custody, support, visitation, and emancipation of 19 children; 20 (3) children-in-need-of-aid cases under AS 47.10 or delinquent minors 21 cases under AS 47.12; 22 (4) domestic violence protective orders under AS 18.66.100 - 23 18.66.180; 24 (5) estate, guardianship, and trust cases filed under AS 13; 25 (6) small claims under AS 22.15.040; 26 (7) forcible entry and detainer cases; 27 (8) administrative appeals; [AND] 28 (9) motor vehicle impound or forfeiture actions under municipal 29 ordinance; 30 (10) delinquent tax and tax foreclosure cases; and 31 (11) quiet title cases.
01 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 DIRECT COURT RULE AMENDMENT. Rule 503(d), Alaska Rules of Evidence, is 04 amended to read: 05 (d) Exceptions. There is no privilege under this rule: 06 (1) Furtherance of Crime or Fraud. If the services of the lawyer were 07 sought, obtained or used to enable or aid anyone to commit or plan to commit what the 08 client knew or reasonably should have known to be a crime or fraud; or 09 (2) Claimants Through Same Deceased Client. As to a communication 10 relevant to an issue between parties who claim through the same deceased client, 11 regardless of whether the claims are by testate or intestate succession or by inter vivos 12 transaction; or 13 (3) Breach of Duty by Lawyer or Client. As to a communication 14 relevant to an issue of breach of duty by the lawyer to his client or by the client to his 15 lawyer; or 16 (4) Document Attested by Lawyer. As to a communication relevant to 17 an issue concerning an attested document to which the lawyer is an attesting witness; 18 or 19 (5) Joint Clients. As to a communication relevant to a matter of 20 common interest between two or more clients if the communication was made by any 21 of them to a lawyer retained or consulted in common, when offered in an action 22 between any of the clients; or 23 (6) Information Required to be Submitted to the Alaska Judicial 24 Council. As to any communication relevant to information required to be 25 submitted to the Alaska Judicial Council under AS 09.68.130. This exception 26 applies only to attempts by a party to assert the attorney-client privilege against 27 the Alaska Judicial Council for the purpose of withholding required information 28 from the council and not to assertions of privilege against any other person or 29 entity regarding the required information. 30 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 CONDITIONAL EFFECT. Sections 1 - 4 of this Act take effect only if secs. 5 - 10 of 02 this Act receive the two-thirds majority vote of each house required by art. IV, sec. 15, 03 Constitution of the State of Alaska.