CSHB 227(JUD): "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 $100,000; expanding the jurisdiction of district courts; limiting magistrates from hearing certain small claims cases; and amending Rule 11(a)(4), Alaska District Court Rules of Civil Procedure, relating to service of process for small claims."
00 CS FOR HOUSE BILL NO. 227(JUD) 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 $100,000; expanding the jurisdiction of district courts; limiting 04 magistrates from hearing certain small claims cases; and amending Rule 11(a)(4), 05 Alaska District Court Rules of Civil Procedure, relating to service of process for small 06 claims." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 22.15.030(a) is amended to read: 09 (a) The district court has jurisdiction of civil cases, including foreign 10 judgments filed under AS 09.30.200 and arbitration proceedings under AS 09.43.170, 11 as follows: 12 (1) for the recovery of money or damages when the amount claimed 13 exclusive of costs, interest, and attorney fees does not exceed $100,000 [$50,000] for
01 each defendant; 02 (2) for the recovery of specific personal property, when the value of 03 the property claimed and the damages for the detention do not exceed $100,000 04 [$50,000]; 05 (3) for the recovery of a penalty or forfeiture, whether given by statute 06 or arising out of contract, not exceeding $100,000 [$50,000]; 07 (4) to give judgment without action upon the confession of the 08 defendant for any of the cases specified in this section, except for a penalty or 09 forfeiture imposed by statute; 10 (5) for establishing the fact of death or cause and manner of death of 11 any person in the manner prescribed in AS 09.55.020 - 09.55.069; 12 (6) for the recovery of the possession of premises in the manner 13 provided under AS 09.45.070 - 09.45.160 when the value of the arrears and damage to 14 the property does not exceed $100,000 [$50,000]; 15 (7) for the foreclosure of a lien when the amount in controversy does 16 not exceed $100,000 [$50,000]; 17 (8) for the recovery of money or damages in motor vehicle tort cases 18 when the amount claimed exclusive of costs, interest, and attorney fees does not 19 exceed $100,000 [$50,000] for each defendant; 20 (9) over civil actions for taking utility service and for damages to or 21 interference with a utility line filed under AS 42.20.030; 22 (10) over cases involving protective orders for domestic violence 23 under AS 18.66.100 - 18.66.180. 24 * Sec. 2. AS 22.15.040(a) is amended to read: 25 (a) Except as otherwise provided in this subsection, when a claim for relief 26 does not exceed $10,000 [$7,500], exclusive of costs, interest, and attorney fees, and 27 request is so made, the district judge or magistrate shall hear the action as a small 28 claim unless important or unusual points of law are involved or the state is a 29 defendant. The Department of Labor and Workforce Development may bring an 30 action as a small claim under this subsection for the payment of wages under 31 AS 23.05.220 in an amount not to exceed $20,000, exclusive of costs, interest, and
01 attorney fees. The supreme court shall prescribe the procedural rules and standard 02 forms to assure simplicity and the expeditious handling of small claims. 03 * Sec. 3. AS 22.15.050 is amended to read: 04 Sec. 22.15.050. Actions not within civil jurisdiction. The jurisdiction of the 05 district courts does not extend to 06 (1) an action in which the title to real property is in question; 07 (2) an action [FOR FALSE IMPRISONMENT, LIBEL, SLANDER, 08 MALICIOUS PROSECUTION, OR ACTIONS] of an equitable nature, except as 09 otherwise provided by law. 10 * Sec. 4. AS 22.15.120(a) is amended to read: 11 (a) A magistrate shall preside only in cases and proceedings under 12 AS 22.15.040, 22.15.100, and 22.15.110, and as follows: 13 (1) for the recovery of money or damages only when the amount 14 claimed, exclusive of costs, interest, and attorney fees, does not exceed $10,000 15 [$7,500]; 16 (2) for the recovery of specific personal property when the value of the 17 property claimed and the damages for the detention do not exceed $10,000 [$7,500]; 18 (3) for the recovery of a penalty or forfeiture, whether given by statute 19 or arising out of contract, not exceeding $10,000 [$7,500]; 20 (4) to give judgment without action upon the confession of the 21 defendant for any of the cases specified in this section, except for a penalty or 22 forfeiture imposed by statute; 23 (5) to give judgment of conviction upon a plea of guilty or no contest 24 by the defendant in a criminal proceeding within the jurisdiction of the district court; 25 (6) to hear, try, and enter judgments in all cases involving 26 misdemeanors that are not minor offenses if the defendant consents in writing that the 27 magistrate may try the case; 28 (7) to hear, try, and enter judgments in all cases involving minor 29 offenses and violations of ordinances of political subdivisions; 30 (8) for the extradition of fugitives as authorized under AS 12.70; 31 (9) to provide post-conviction relief under the Alaska Rules of
01 Criminal Procedure for any of the cases specified in (5), (6), or (7) of this subsection if 02 the conviction occurred in the district court; or 03 (10) to hear, try, and enter judgments in actions for the payment of 04 wages brought by the Department of Labor and Workforce Development as provided 05 in AS 22.15.040(a). 06 * Sec. 5. AS 22.15.120 is amended by adding a new subsection to read: 07 (c) A magistrate may not preside in small claims cases under AS 22.15.040 08 when service is made on a defendant outside the state under Rule 11(a)(4)(C), District 09 Court Rules of Civil Procedure. 10 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 DIRECT COURT RULE AMENDMENT. Rule 11(a), District Court Rules of 13 Civil Procedure, is amended to read: 14 (a) The summons shall be issued and the summons and complaint served, 15 according to the procedures of Civil Rule 4, except that: 16 (1) If personal service is used, the clerk shall deliver the summons for 17 service to a peace officer or to a person specially appointed to serve it. 18 (2) If service is by registered or certified mail, the clerk shall mail the 19 summons and a copy of the complaint as provided in Civil Rule 4(h). 20 (3) Service by publication or posting shall not be allowed. 21 (4) Service on a defendant who is outside the state shall be allowed 22 (A) [ONLY] in accordance with the Landlord-Tenant Act, 23 AS 34.03.340; 24 (B) in accordance with [AND] AS 09.05.020, entitled Service 25 of Process on Nonresident Owner or Operator of Motor Vehicle; or 26 (C) as otherwise permitted under Civil Rule 4. 27 (5) The affidavit required by Civil Rule 4(f) is not required in small 28 claims cases and Civil Rule 4(j) shall not apply. 29 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 CONDITIONAL EFFECT. Sections 5 and 6 of this Act take effect only if sec. 6 of
01 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 02 Constitution of the State of Alaska.