CSHB 119(JUD): "An Act raising the limit on small claims actions to $7,500; amending Rule 9, Alaska Rules of Administration; and providing for an effective date."
00CS FOR HOUSE BILL NO. 119(JUD) 01 "An Act raising the limit on small claims actions to $7,500; amending Rule 9, 02 Alaska Rules of Administration; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 22.15.040(a) is amended to read: 05 (a) When a claim for relief does not exceed $7,500, [$5,000] exclusive of 06 costs, interest, and attorney fees, and request is so made, the district judge or 07 magistrate shall hear the action as a small claim unless important or unusual points of 08 law are involved or the state is a defendant. The supreme court shall prescribe the 09 procedural rules and standard forms to assure simplicity and the expeditious handling 10 of small claims. 11 * Sec. 2. AS 22.15.120(a) is amended to read: 12 (a) A magistrate shall preside only in cases and proceedings under 13 AS 22.15.040, 22.15.100, and 22.15.110, and as follows: 14 (1) for the recovery of money or damages only when the amount
01 claimed, exclusive of costs, interest, and attorney fees, does not exceed $7,500 02 [$5,000]; 03 (2) for the recovery of specific personal property when the value of the 04 property claimed and the damages for the detention do not exceed $7,500 [$5,000]; 05 (3) for the recovery of a penalty or forfeiture, whether given by statute 06 or arising out of contract, not exceeding $7,500 [$5,000]; 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) to give judgment of conviction upon a plea of guilty or no contest 11 by the defendant in a criminal proceeding within the jurisdiction of the district court; 12 (6) to hear, try, and enter judgments in all cases involving 13 misdemeanors that are not minor offenses if the defendant consents in writing that the 14 magistrate may try the case; 15 (7) to hear, try, and enter judgments in all cases involving minor 16 offenses and violations of ordinances of political subdivisions; 17 (8) for the extradition of fugitives as authorized under AS 12.70; 18 (9) to provide post-conviction relief under the Alaska Rules of Criminal 19 Procedure for any of the cases specified in (5), (6), or (7) of this subsection if the 20 conviction occurred in the district court [; 21 (10) REPEALED]. 22 * Sec. 3. Rule 9(c)(2), Alaska Rules of Administration is amended to read: 23 (2) Filing fees, small claims actions, claim for relief 24 (i) $2,500 or less 25.00 25 (ii) more than $2,500 50.00 26 No additional filing fee is due when a small 27 claims case is removed to district or superior 28 court. 29 * Sec. 4. This Act takes effect July 1, 1997.