CSSB 272(JUD): "An Act relating to small claims actions; relating to actions that may be heard by a magistrate; relating to representation by an attorney in civil actions in which a corporation is a party; amending Rule 17(b), Alaska District Court Rules of Civil Procedure; and providing for an effective date."
00CS FOR SENATE BILL NO. 272(JUD) 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; amending Rule 17(b), Alaska District Court Rules 04 of Civil Procedure; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 22.15.040(a) is amended to read: 07 (a) When a claim for relief does not exceed $7,500 [$5,000] exclusive of costs, 08 interest, and attorney fees, and request is so made, the district judge or magistrate shall 09 hear the action as a small claim unless important or unusual points of law are involved 10 or the state is a defendant. A small claims judgment may be enforced as provided 11 under the Alaska Rules of Civil Procedure. The supreme court shall prescribe the 12 procedural rules and standard forms to assure simplicity and the expeditious handling 13 of small claims. 14 * Sec. 2. 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 $7,500 05 [$5,000]; 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 $7,500 [$5,000]; 08 (3) for the recovery of a penalty or forfeiture, whether given by statute 09 or arising out of contract, not exceeding $7,500 [$5,000]; 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 Criminal 22 Procedure for any of the cases specified in (5), (6), or (7) of this section if the 23 conviction occurred in the district court; 24 (10) for establishing the fact of death of any person in the manner 25 prescribed in AS 09.55.020 - 09.55.060. 26 * Sec. 3. AS 22.20.040(a) is amended to read: 27 (a) An action or proceeding may be prosecuted or defended by a party in 28 person or by attorney. However, 29 (1) the United States shall appear by an attorney in all cases; and 30 (2) a corporation, either public or private, shall appear by an attorney 31 in all cases unless the amount in controversy, exclusive of costs, interest, or
01 attorney fees, is $7,500 or less or an exception to the corporation's appearance by an 02 attorney has been explicitly made by law. 03 * Sec. 4. Rule 17(b), Alaska District Court Civil Rules, is amended to read: 04 (b) Judgment on the pleadings and summary judgment [PLEADING] may 05 be entered after motion by a party and as otherwise allowed under [PURSUANT 06 TO] Rules 13(b) and 10(d). 07 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).