00                            HOUSE BILL NO. 427                                                                          
01 "An Act relating to civil claims against a third-party; amending Rule 14(c), Alaska                                     
02 Rules of Civil Procedure; and providing for an effective date."                                                         
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.   AS 09.17.080 is amended by adding a new subsection to read:                                         
05            (e)  For purposes of apportioning damages under this section, a defendant, as a                              
06       third-party plaintiff, may, as allowed under  Rule 14, Alaska Rules of Civil Procedure,                           
07       add as a third-party defendant a person whose fault may have been a cause of the                                  
08       damages claimed by the plaintiff.                                                                                 
09    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section to                         
10 read:                                                                                                                   
11       DIRECT COURT RULE AMENDMENT.  Rule 14(c), Alaska Rules of Civil                                                   
12 Procedure, is amended to read:                                                                                          
13            (c)  Equitable Apportionment.  For purposes of apportioning damages under                                  
14       AS 09.17.080, a defendant, as a third-party plaintiff, may follow the procedure of                                

01       paragraph (a) to add as a third-party defendant any person whose fault may have been                              
02       a cause of the damages claimed by the plaintiff.  Judgment may be entered against a                               
03       third-party defendant in favor of the plaintiff in accordance with the third-party                                
04       defendant's respective percentage of fault if, within 30 days after the third-party                           
05       defendant files an answer, the plaintiff files notice with the court of the plaintiff's                       
06       intention to have judgment in favor of the plaintiff entered against the third-                               
07       party defendant.  If the plaintiff files notice as required by this paragraph,                                
08       judgment may be entered against a third-party defendant [,] regardless of whether                             
09       the plaintiff has asserted a direct claim against the third-party defendant, and attorney                     
10       fees may be awarded to the prevailing party as allowed under Civil Rule 82.                                   
11    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
12 read:                                                                                                                   
13       CONDITIONAL EFFECT.  Section 1 of this Act takes effect only if sec. 2 of this Act                                
14 receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution                          
15 of the State of Alaska.                                                                                                 
16    * Sec. 4.  This Act takes effect July 1, 2002.