HB 227: "An Act increasing the jurisdictional limit for small claims and for magistrates from $7,500 to $10,000; increasing the jurisdictional limit of district courts in certain civil cases from $50,000 to $75,000; and amending Rule 11(a)(4), Alaska District Court Rules of Civil Procedure, relating to service of process for small claims."
00 HOUSE BILL NO. 227 01 "An Act increasing the jurisdictional limit for small claims and for magistrates from 02 $7,500 to $10,000; increasing the jurisdictional limit of district courts in certain civil 03 cases from $50,000 to $75,000; and amending Rule 11(a)(4), Alaska District Court Rules 04 of Civil Procedure, relating to service of process for small claims." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 22.15.030(a) is amended to read: 07 (a) The district court has jurisdiction of civil cases, including foreign 08 judgments filed under AS 09.30.200 and arbitration proceedings under AS 09.43.170, 09 as follows: 10 (1) for the recovery of money or damages when the amount claimed 11 exclusive of costs, interest, and attorney fees does not exceed $75,000 [$50,000] for 12 each defendant; 13 (2) for the recovery of specific personal property, when the value of 14 the property claimed and the damages for the detention do not exceed $75,000
01 [$50,000]; 02 (3) for the recovery of a penalty or forfeiture, whether given by statute 03 or arising out of contract, not exceeding $75,000 [$50,000]; 04 (4) to give judgment without action upon the confession of the 05 defendant for any of the cases specified in this section, except for a penalty or 06 forfeiture imposed by statute; 07 (5) for establishing the fact of death or cause and manner of death of 08 any person in the manner prescribed in AS 09.55.020 - 09.55.069; 09 (6) for the recovery of the possession of premises in the manner 10 provided under AS 09.45.070 - 09.45.160 when the value of the arrears and damage to 11 the property does not exceed $75,000 [$50,000]; 12 (7) for the foreclosure of a lien when the amount in controversy does 13 not exceed $75,000 [$50,000]; 14 (8) for the recovery of money or damages in motor vehicle tort cases 15 when the amount claimed exclusive of costs, interest, and attorney fees does not 16 exceed $75,000 [$50,000] for each defendant; 17 (9) over civil actions for taking utility service and for damages to or 18 interference with a utility line filed under AS 42.20.030; 19 (10) over cases involving protective orders for domestic violence 20 under AS 18.66.100 - 18.66.180. 21 * Sec. 2. AS 22.15.040(a) is amended to read: 22 (a) Except as otherwise provided in this subsection, when a claim for relief 23 does not exceed $10,000 [$7,500], exclusive of costs, interest, and attorney fees, and 24 request is so made, the district judge or magistrate shall hear the action as a small 25 claim unless important or unusual points of law are involved or the state is a 26 defendant. The Department of Labor and Workforce Development may bring an 27 action as a small claim under this subsection for the payment of wages under 28 AS 23.05.220 in an amount not to exceed $20,000, exclusive of costs, interest, and 29 attorney fees. The supreme court shall prescribe the procedural rules and standard 30 forms to assure simplicity and the expeditious handling of small claims. 31 * Sec. 3. AS 22.15.120(a) is amended to read:
01 (a) A magistrate shall preside only in cases and proceedings under 02 AS 22.15.040, 22.15.100, and 22.15.110, and as follows: 03 (1) for the recovery of money or damages only when the amount 04 claimed, exclusive of costs, interest, and attorney fees, does not exceed $10,000 05 [$7,500]; 06 (2) for the recovery of specific personal property when the value of the 07 property claimed and the damages for the detention do not exceed $10,000 [$7,500]; 08 (3) for the recovery of a penalty or forfeiture, whether given by statute 09 or arising out of contract, not exceeding $10,000 [$7,500]; 10 (4) to give judgment without action upon the confession of the 11 defendant for any of the cases specified in this section, except for a penalty or 12 forfeiture imposed by statute; 13 (5) to give judgment of conviction upon a plea of guilty or no contest 14 by the defendant in a criminal proceeding within the jurisdiction of the district court; 15 (6) to hear, try, and enter judgments in all cases involving 16 misdemeanors that are not minor offenses if the defendant consents in writing that the 17 magistrate may try the case; 18 (7) to hear, try, and enter judgments in all cases involving minor 19 offenses and violations of ordinances of political subdivisions; 20 (8) for the extradition of fugitives as authorized under AS 12.70; 21 (9) to provide post-conviction relief under the Alaska Rules of 22 Criminal Procedure for any of the cases specified in (5), (6), or (7) of this subsection if 23 the conviction occurred in the district court; or 24 (10) to hear, try, and enter judgments in actions for the payment of 25 wages brought by the Department of Labor and Workforce Development as provided 26 in AS 22.15.040(a). 27 * Sec. 4. Rule 11(a), District Court Rules of Civil Procedure, is amended to read: 28 (a) The summons shall be issued and the summons and complaint served, 29 according to the procedures of Civil Rule 4, except that: 30 (1) If personal service is used, the clerk shall deliver the summons for 31 service to a peace officer or to a person specially appointed to serve it.
01 (2) If service is by registered or certified mail, the clerk shall mail the 02 summons and a copy of the complaint as provided in Civil Rule 4(h). 03 (3) Service by publication or posting shall not be allowed. 04 (4) Service on a defendant who is outside the state shall be allowed 05 (A) [ONLY] in accordance with the Landlord-Tenant Act, 06 AS 34.03.340; 07 (B) in accordance with [AND] AS 09.05.020, entitled Service 08 of Process on Nonresident Owner or Operator of Motor Vehicle; or 09 (C) when the cause of action is based upon a debt, 10 contractual obligation, personal injury, or property damage incurred or 11 occurring while the defendant was physically present in Alaska. 12 (5) The affidavit required by Civil Rule 4(f) is not required in small 13 claims cases and Civil Rule 4(j) shall not apply. 14 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 CONDITIONAL EFFECT. Section 4 of this Act takes effect only if that section 17 receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution 18 of the State of Alaska.