00 SENATE BILL NO. 272 01 "An Act relating to small claims actions; relating to actions that may be heard 02 by a magistrate; relating to representation by an attorney in civil actions in 03 which a corporation is a party and to representation by an attorney in certain 04 civil claims asserted by assignment; amending Rules 11(a)(4), 15(c), and 17(b), 05 Alaska District Court Rules of Civil Procedure; and providing for an effective 06 date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 22.15.040(a) is amended to read: 09  (a) When a claim for relief does not exceed $10,000 [$5,000] exclusive of 10 costs, interest, and attorney fees, and request is so made, the district judge or 11 magistrate shall hear the action as a small claim unless important or unusual points of 12 law are involved or the state is a defendant. A small claims judgment may be 13 enforced as provided under the Alaska Rules of Civil Procedure. The supreme 14 court shall prescribe the procedural rules and standard forms to assure simplicity and 01 the expeditious handling of small claims. 02 * Sec. 2. AS 22.15.120(a) is amended to read: 03  (a) A magistrate shall preside only in cases and proceedings under 04 AS 22.15.040, 22.15.100, and 22.15.110, and as follows: 05  (1) for the recovery of money or damages only when the amount 06 claimed, exclusive of costs, interest, and attorney fees, does not exceed $10,000 07 [$5,000]; 08  (2) for the recovery of specific personal property when the value of the 09 property claimed and the damages for the detention do not exceed $10,000 [$5,000]; 10  (3) for the recovery of a penalty or forfeiture, whether given by statute 11 or arising out of contract, not exceeding $10,000 [$5,000]; 12  (4) to give judgment without action upon the confession of the 13 defendant for any of the cases specified in this section, except for a penalty or 14 forfeiture imposed by statute; 15  (5) to give judgment of conviction upon a plea of guilty or no contest 16 by the defendant in a criminal proceeding within the jurisdiction of the district court; 17  (6) to hear, try, and enter judgments in all cases involving 18 misdemeanors that are not minor offenses if the defendant consents in writing that the 19 magistrate may try the case; 20  (7) to hear, try, and enter judgments in all cases involving minor 21 offenses and violations of ordinances of political subdivisions; 22  (8) for the extradition of fugitives as authorized under AS 12.70; 23  (9) to provide post-conviction relief under the Alaska Rules of Criminal 24 Procedure for any of the cases specified in (5), (6), or (7) of this section if the 25 conviction occurred in the district court; 26  (10) for establishing the fact of death of any person in the manner 27 prescribed in AS 09.55.020 - 09.55.060. 28 * Sec. 3. AS 22.20.040(a) is amended to read: 29  (a) An action or proceeding may be prosecuted or defended by a party in 30 person or by attorney. However, 31  (1) the United States shall appear by an attorney in all cases; and 01  (2) a corporation, either public or private, shall appear by an attorney 02 in all cases unless the amount in controversy, exclusive of costs, interest, or 03 attorney fees, is $10,000 or less or an exception to the corporation's appearance by 04 an attorney has been explicitly made by law. 05 * Sec. 4. Rule 15(c), Alaska District Court Civil Rules, is amended to read: 06  (c) Any party, except an attorney at law, asserting a claim that is greater than 07 $10,000 as an assignee thereof, whether for collection, fee, or value, shall be 08 represented at all stages of an action upon the claim by an attorney at law, or a legal 09 intern. On application of a party or on its own motion, the court shall dismiss without 10 prejudice any action filed or proceeded with in violation of this rule. 11 * Sec. 5. Rule 17(b), Alaska District Court Civil Rules, is amended to read: 12  (b) Judgment on the pleadings and summary judgment [PLEADING] may 13 be entered after motion by a party and as otherwise allowed under [PURSUANT 14 TO] Rules 13(b) and 10(d). 15 * Sec. 6. Rule 11(a)(4), Alaska District Court Civil Rules, is repealed. 16 * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).