SB 43: "An Act relating to civil actions; providing for related insurance reports; amending Alaska Rules of Civil Procedure 16.1, 26, 41, 49, 68, 72.1, 95, and 100; amending District Court Rules of Civil Procedure 1 and 4; amending Alaska Rule of Appellate Procedure 511; and providing for an effective date."
00SENATE BILL NO. 43 01 "An Act relating to civil actions; providing for related insurance reports; 02 amending Alaska Rules of Civil Procedure 16.1, 26, 41, 49, 68, 72.1, 95, and 03 100; amending District Court Rules of Civil Procedure 1 and 4; amending 04 Alaska Rule of Appellate Procedure 511; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. PURPOSE. It is the purpose of this Act to 07 (1) reduce the time and costs associated with civil litigation; 08 (2) improve access to justice for individuals and small businesses; 09 (3) provide for fair but not excessive compensation for persons injured through 10 the fault of others; 11 (4) increase the predictability of case outcomes to reduce inappropriate 12 litigation and settlement behavior; and 13 (5) collect information on the civil justice system and on the insurance industry 14 to inform the public policy debate on tort reform-related issues.
01 * Sec. 2. AS 09.10.050 is repealed and reenacted to read: 02 Sec. 09.10.050. Certain property actions to be brought in six years. Unless 03 the action is commenced within six years, a person may not bring an action for waste 04 or trespass upon real property. 05 * Sec. 3. AS 09.10 is amended by adding a new section to read: 06 Sec. 09.10.065. Contract actions to be brought in three years. Unless an 07 action is commenced within three years, a person may not bring an action upon a 08 contract or liability, express or implied, excepting those described in AS 09.10.040 or 09 as otherwise provided by law. 10 * Sec. 4. AS 09.10.070(a) is amended to read: 11 (a) A person may not bring an action (1) for libel, slander, assault, battery, 12 seduction, false imprisonment, or for any injury to the person or rights of another not 13 arising on contract and not specifically provided otherwise; (2) for taking, detaining, 14 or injuring personal property, including an action for its specific recovery; (3) 15 upon a statute for a forfeiture or penalty to the state; or (4) [(3)] upon a liability 16 created by statute, other than a penalty or forfeiture; unless the action is commenced 17 within two years. 18 * Sec. 5. AS 09.17.010(c) is amended to read: 19 (c) The limit under (b) of this section does not apply to damages for severe 20 disfigurement or severe physical impairment. 21 * Sec. 6. AS 09.17.020 is repealed and reenacted to read: 22 Sec. 09.17.020. Punitive damages. (a) In an action in which a claim of 23 punitive damages is presented to the fact finder, the fact finder shall determine, 24 concurrent with all other issues presented, whether punitive damages shall be allowed 25 by using the standards set out in (b) of this section. If punitive damages are allowed, 26 a separate proceeding under (c) of this section shall be conducted before the same fact 27 finder to determine the amount of punitive damages to be awarded. 28 (b) The fact finder may make an award of punitive damages only if the 29 plaintiff proves by clear and convincing evidence that the defendant's conduct 30 (1) was outrageous; 31 (2) was the result of malicious or hostile feelings toward the plaintiff;
01 or 02 (3) evidenced reckless indifference to the rights or safety of others. 03 (c) At the separate proceeding to determine the amount of punitive damages 04 to be awarded, the fact finder may consider 05 (1) the likelihood at the time of the misconduct that serious harm would 06 arise from the defendant's misconduct; 07 (2) the degree of the defendant's awareness of that likelihood; 08 (3) the amount of financial gain the defendant gained or expected to 09 gain as a result of the defendant's misconduct; 10 (4) the duration of the misconduct and any intentional concealment of 11 it; 12 (5) the attitude and conduct of the defendant upon discovery of the 13 misconduct; 14 (6) the financial condition of the defendant; and 15 (7) the total deterrence of other damages and punishment imposed upon 16 the defendant as a result of the misconduct, including compensatory and punitive 17 damages awards to persons in situations similar to those of the plaintiff and the 18 severity of the criminal penalties to which the defendant has been or may be subjected. 19 (d) At the conclusion of the separate proceeding under (c) of this section, the 20 fact finder shall determine the amount of punitive damages to be awarded and the 21 court shall enter judgment for that amount. 22 (e) Unless that evidence is relevant to another issue in the case, discovery of 23 evidence that is relevant to the amount of punitive damages to be determined under 24 (c)(3) or (c)(6) of this section may not be conducted until after the fact finder has 25 determined that an award of punitive damages is allowed under (a) and (b) of this 26 section. The court may issue such orders as necessary, including directing the parties 27 to have the information relevant to the amount of punitive damages to be determined 28 under (c)(3) or (c)(6) of this section available for production immediately at the close 29 of the initial trial, so as to minimize the delay between the initial trial and the separate 30 proceeding to determine the amount of punitive damages. 31 (f) Except as provided in (g) or (h) of this section or otherwise provided by
01 law, an award of punitive damages may not exceed the greater of 02 (1) three times the amount of compensatory damages awarded to the 03 plaintiff in the action; or 04 (2) the sum of $500,000. 05 (g) Except as provided in (h) of this section or otherwise provided by law, if 06 the fact finder finds that the conduct proven under (b) of this section was motivated 07 by financial gain, it may award an amount of punitive damages not to exceed the 08 greatest of 09 (1) the amount calculated under the limitation in (f) of this section; 10 (2) the average net annual income earned by the defendant for the five 11 years before the date the trial began; or 12 (3) two times the amount of financial gain that the defendant received 13 or expected to receive as a result of the defendant's misconduct. 14 (h) Notwithstanding (g) of this section and except as otherwise provided by 15 law, if the fact finder finds that the conduct proven under (b) of this section was 16 employment-related, an award of punitive damages may not exceed 17 (1) the amount calculated under the limitations of (f) of this section, 18 if the conduct of the employer affected only one employee; or 19 (2) the greater of the amounts calculated under the limitations of (f) or 20 (g) of this section, if the employer engaged in a pattern or practice affecting more than 21 one employee. 22 (i) Punitive damages may not be awarded against a person or an entity that is 23 immune by law from an award of punitive damages. 24 (j) In this section, "employment-related" includes conduct of hiring, firing, 25 transferring, promoting, demoting, or terminating an employee by an employer. 26 * Sec. 7. AS 09.17.900 is amended to read: 27 Sec. 09.17.900. Definition. In this chapter "fault" includes acts or omissions 28 that are in any measure negligent, [OR] reckless, or intentional toward the person or 29 property of the actor or others, or that subject a person to strict tort liability. The term 30 also includes breach of warranty, unreasonable assumption of risk not constituting an 31 enforceable express consent, misuse of a product for which the defendant otherwise
01 would be liable, and unreasonable failure to avoid an injury or to mitigate damages. 02 Legal requirements of causal relation apply both to fault as the basis for liability and 03 to contributory fault. 04 * Sec. 8. AS 09.30.065 is amended to read: 05 Sec. 09.30.065. Offers of judgment. At any time more than 10 days before 06 the trial begins either the party making a claim or the party defending against a claim 07 may serve upon the adverse party an offer to allow judgment to be entered in complete 08 satisfaction of the claim for the money or property or to the effect specified in the 09 offer, with costs then accrued. If within 10 days after the service of the offer the 10 adverse party serves written notice that the offer is accepted, either party may then file 11 the offer and notice of acceptance together with proof of service, and the clerk shall 12 enter judgment. An offer not accepted within 10 days is considered withdrawn and 13 evidence of that offer is not admissible except in a proceeding to determine the form 14 of judgment after verdict. If the judgment finally entered on the claim as to which an 15 offer has been made under this section is not more favorable to the offeree than the 16 offer, the interest awarded under AS 09.30.070 and accrued up to the date judgment 17 is entered shall be adjusted as follows: 18 (1) if the offeree is the party making the claim, the interest rate shall 19 be adjusted as follows: 20 (A) if the offer was served no later than 30 days after both 21 parties made the disclosures required by Alaska Rule of Civil Procedure 22 26(a)(1), the interest rate shall be reduced by five percent; 23 (B) if the offer was served more than 30 days after both 24 parties made the disclosures required by Alaska Rule of Civil Procedure 25 26(a)(1), but more than 90 days before the trial began, the interest rate 26 shall be reduced by three percent; 27 (C) if the offer was served 90 days or less but more than 28 10 days before the trial began, the interest rate shall be reduced by two 29 percent [REDUCED BY FIVE PERCENT A YEAR]; 30 (2) if the offeree is the party defending against the claim, the interest 31 rate shall be adjusted as follows:
01 (A) if the offer was served no later than 30 days after both 02 parties made the disclosures required by Alaska Rule of Civil Procedure 03 26(a)(1), the interest rate shall be increased by five percent; 04 (B) if the offer was served more than 30 days after both 05 parties made the disclosures required by Alaska Rule of Civil Procedure 06 26(a)(1), but more than 90 days before the trial began, the interest rate 07 shall be increased by three percent; 08 (C) if the offer was served 90 days or less but more than 10 09 days before the trial began, the interest rate shall be increased by two 10 percent [INCREASED BY FIVE PERCENT A YEAR]. 11 * Sec. 9. AS 09.30.070(a) is amended to read: 12 (a) Notwithstanding AS 45.45.010, the [THE] rate of interest on judgments 13 and decrees for the payment of money, including prejudgment interest, shall be 14 determined in accordance with (c) of this section [IS 10.5 PERCENT A YEAR], 15 except that a judgment or decree founded on a contract in writing, providing for the 16 payment of interest until paid at a specified rate not exceeding the legal rate of interest 17 for that type of contract, bears interest at the rate specified in the contract if the 18 interest rate is set out in the judgment or decree. 19 * Sec. 10. AS 09.30.070 is amended by adding a new subsection to read: 20 (c) Except as otherwise provided in (a) of this section, the rate of interest on 21 judgments and decrees for the payment of money is the rate for a five-year constant 22 maturity United States Treasury note published in the applicable Federal Reserve H.15 23 Statistical Release, plus one and one-half percent. This rate is the rate in effect as of 24 the first business day of the month during which prejudgment interest begins to accrue 25 on a claim under (b) of this section, and remains constant with respect to the claim 26 until the judgment or decree is satisfied. This rate of interest shall be determined as 27 of the first business day of every month by the administrative director of the state 28 court system. 29 * Sec. 11. AS 09 is amended by adding a new chapter to read: 30 Chapter 42. Alternative Dispute Resolution. 31 Sec. 09.42.010. Findings; purpose. The legislature finds that providing a
01 formalized program of alternative dispute resolution procedures within the existing 02 civil litigation system can promote the timely and efficient resolution of many civil 03 disputes. The purpose of this chapter is to provide for an initial pilot program of 04 alternative dispute resolution of certain civil cases filed in the superior court on or 05 after January 1, 1998. 06 Sec. 09.42.020. Pilot program for alternative dispute resolution. (a) The 07 supreme court shall provide for a pilot program under this chapter for the submission 08 of civil cases filed in the superior court, third judicial district, to alternative dispute 09 resolution procedures. The program shall begin January 1, 1998 and operate for at 10 least five years. 11 (b) The following types of cases may not be included in the pilot program: 12 (1) divorce and dissolution; 13 (2) adoption, custody, support, visitation, and emancipation of children; 14 (3) children in need of aid cases under AS 47.10 or delinquent minors 15 cases under AS 47.12; 16 (4) domestic violence protective orders under AS 18.66.100 - 17 18.66.180; 18 (5) estate, guardianship, and trust cases filed under AS 13; 19 (6) cases when no answer to the complaint or petition is filed by any 20 party to the case with the court. 21 Sec. 09.42.030. Structure of pilot program. (a) The supreme court shall 22 provide criteria for the screening of covered cases under the program to determine if 23 the cases are appropriate for referral to alternative dispute resolution. The criteria shall 24 be constructed so that at least 50 percent of the estimated number of covered cases 25 filed in a calendar year are referred to alternative dispute resolution. 26 (b) The supreme court shall establish minimum qualifications for a person to 27 be listed to conduct alternative dispute resolution procedures under this chapter. The 28 supreme court shall establish a list of persons determined to meet those qualifications 29 and the current schedule of fees charged by the person listed. 30 (c) For a case referred under the program, the parties may mutually agree to 31 select any person to conduct the alternative dispute resolution procedure regardless of
01 whether the person appears on the list established under (b) of this section or whether 02 the person meets the minimum qualifications to be selected for the list. If an 03 agreement cannot be reached, the trial court judge assigned the case shall appoint a 04 person from the list. A person selected or appointed under this subsection has judicial 05 immunity for conducting the alternative dispute procedure to the same extent as a 06 judge. The person shall abide by applicable rules of confidentiality related to 07 alternative dispute resolution procedures established by the supreme court. 08 (d) Fees and costs to conduct an alternative dispute resolution procedure under 09 this chapter shall be shared equally among the parties to the case being referred, unless 10 the court finds a party indigent and orders payment at public expense. The supreme 11 court shall establish guidelines for the determination of indigency under the program. 12 Fees and costs borne at public expense under this subsection constitute a lien on any 13 recovery in the case by that party and shall be paid first from the recovery. 14 (e) The superior court shall establish standards for the timely referral to and 15 the conclusion of the alternative dispute resolution procedure required under this 16 program. The standards must include that the alternative dispute resolution procedure 17 (1) shall terminate no more than 100 days after the defendant's answer 18 is served, unless the trial court grants a time extension in an exceptional case and for 19 good cause shown; and 20 (2) be limited to no more than 12 hours for the procedure, unless the 21 parties mutually agree to a longer period. 22 Sec. 09.42.040. Evaluation of pilot program. (a) The Alaska Judicial 23 Council shall evaluate annually the efficacy of the pilot program. Among other 24 factors, the evaluation shall address the speed with which cases are resolved, the 25 satisfaction of the parties to the cases, the expenditures made by the parties to the 26 cases, and the expenditure of court resources. 27 (b) The council shall work with the court system to create a system for 28 efficient collection of information needed to evaluate the program. The council shall 29 report the results of its evaluation to the governor and legislature each year by 30 March 31. 31 Sec. 09.42.050. Definitions. In this chapter,
01 (1) "alternative dispute resolution procedure" includes mediation and 02 early neutral evaluation; 03 (2) "covered cases" means civil cases described in AS 09.42.020(a) and 04 not excluded from participation in the program by AS 09.42.020(b); 05 (3) "program" means the alternative dispute resolution pilot program 06 established in AS 09.42.020. 07 * Sec. 12. AS 09.50.280 is amended to read: 08 Sec. 09.50.280. Judgment for plaintiff; punitive damages. If judgment is 09 rendered for the plaintiff, it shall be for the legal amount found due from the state with 10 interest as provided under AS 09.30.070 [LEGAL INTEREST FROM THE DATE 11 IT BECAME DUE] and without punitive damages. 12 * Sec. 13. AS 09.55.536(a) is amended to read: 13 (a) In an action for damages due to personal injury or death based upon the 14 provision of professional services by a health care provider, including a person 15 providing services on behalf of a governmental entity, when the parties have not 16 agreed to arbitration of the claim under AS 09.55.535, the court shall appoint within 17 20 days after filing of answer to a summons and complaint a three-person expert 18 advisory panel unless the court decides that an expert advisory opinion is not necessary 19 for a decision in the case. When the action is filed the court shall, by order, determine 20 the professions or specialties to be represented on the expert advisory panel, giving the 21 parties the opportunity to object or make suggestions. 22 * Sec. 14. AS 09.55.536(c) is amended to read: 23 (c) Not more than 30 days after selection of the panel, the panel [IT] shall 24 make a written report to the parties and to the court, answering the following questions 25 and other questions submitted to the panel by the court in sufficient detail to explain 26 the case and the reasons for the panel's answers: 27 (1) Why did the claimant come [WHAT WAS THE DISORDER FOR 28 WHICH THE PLAINTIFF CAME] to medical care? 29 (2) Was a correct diagnosis made? If not, what was incorrect 30 about the diagnosis [WHAT WOULD HAVE BEEN THE PROBABLE OUTCOME 31 WITHOUT MEDICAL CARE]?
01 (3) Was the treatment or lack of treatment [SELECTED] appropriate 02 [FOR THE CASE]? If not, what was inappropriate about the treatment or lack 03 of treatment? 04 (4) Was the claimant injured during the course of evaluation or 05 treatment or by failure to diagnose or treat [DID AN INJURY ARISE FROM THE 06 MEDICAL CARE]? 07 (5) If the answer to question 4 is "yes," what [WHAT] is the nature 08 and extent of the medical injury? 09 (6) What specifically caused the medical injury? 10 (7) Was the medical injury caused by unskillful care? Explain. 11 (8) If a medical injury had not occurred, what would have been the 12 likely outcome of the medical case [HOW WOULD THE PLAINTIFF'S 13 CONDITION DIFFER FROM THE PLAINTIFF'S PRESENT CONDITION]? 14 * Sec. 15. AS 09.55.536(f) is amended to read: 15 (f) Discovery may not be undertaken in a case until the report of the expert 16 advisory panel is received or 60 days after selection of the panel, whichever first 17 occurs. However, the court may relax this prohibition upon a showing of good cause 18 by any party. If the panel has not completed its report within the 30-day period 19 prescribed in (c) of this section, the court may, upon application, grant it an additional 20 30 days. 21 * Sec. 16. AS 09.55.536 is amended by adding a new subsection to read: 22 (i) This section applies regardless of whether a party in the action or the health 23 care provider whose professional services are the subject of the action is a 24 governmental entity or in the public or private sector. 25 * Sec. 17. AS 09.65.210 is repealed and reenacted to read: 26 Sec. 09.65.210. Damages resulting from the commission of a felony or 27 other conduct that would constitute a felony. (a) Except as provided in (b) of this 28 section, a person who suffers personal injury or death may not recover damages for 29 the personal injury or death if the injury or death occurred while the person 30 (1) was engaged in the commission of a felony, and the person has 31 been convicted of the felony, including conviction based on a guilty plea or plea of
01 nolo contendere, and the felony substantially contributed to a personal injury or death; 02 (2) was engaged in conduct that would constitute the commission of 03 an unclassified felony or a class A or class B felony for which the person was not 04 convicted and if 05 (A) the conduct substantially contributed to the injury or death; 06 and 07 (B) the conduct is proven by the defendant in the civil trial by 08 clear and convincing evidence; or 09 (3) was fleeing after the commission, by that person, of conduct that 10 would constitute an unclassified felony or a class A or class B felony, or being 11 apprehended for conduct that would constitute an unclassified felony or class A or 12 class B felony, if 13 (A) the conduct during the flight or apprehension substantially 14 contributed to the injury or death; and 15 (B) the conduct that would constitute a felony is proven by the 16 defendant in the civil trial by clear and convincing evidence. 17 (b) If the person is acquitted of all unclassified, class A, and class B felonies 18 arising from the conduct, this section does not preclude the person from recovering 19 damages for those injuries or death. 20 (c) This section does not affect a right of action under 42 U.S.C. 1983. 21 * Sec. 18. AS 09.68 is amended by adding a new section to read: 22 Sec. 09.68.130. Collection of settlement information. (a) Except as 23 provided in (c) of this section, the Alaska Judicial Council shall collect and evaluate 24 information relating to the compromise or other settlement of all civil litigation. The 25 information, including the case name and file number, a general description of the 26 claims being settled, the dollar amount of the settlement, to whom it is to be paid, and 27 any nonmonetary terms, shall be collected on a form developed by the council for that 28 purpose. 29 (b) The information received by the council under (a) of this section is 30 confidential. This restriction does not prevent the disclosure of summaries and 31 statistics in a manner that does not allow the identification of particular cases or
01 parties. 02 (c) The requirements of (a) of this section do not apply to the following types 03 of cases: 04 (1) divorce and dissolution; 05 (2) adoption, custody, support, visitation, and emancipation of children; 06 (3) children in need of aid cases under AS 47.10 or delinquent minors 07 cases under AS 47.12; 08 (4) domestic violence protective orders under AS 18.66.100 - 09 18.66.180; 10 (5) estate, guardianship, and trust cases filed under AS 13; 11 (6) small claims under AS 22.15.040. 12 * Sec. 19. AS 22.15.030(a) is amended to read: 13 (a) The district court has jurisdiction of civil cases, including foreign 14 judgments filed under AS 09.30.200 and arbitration proceedings under AS 09.43.170, 15 as follows: 16 (1) for the recovery of money or damages when the amount claimed 17 exclusive of costs, interest, and attorney fees does not exceed $100,000 [$50,000]; 18 (2) for the recovery of specific personal property, when the value of 19 the property claimed and the damages for the detention do not exceed $100,000 20 [$50,000]; 21 (3) for the recovery of a penalty or forfeiture, whether given by statute 22 or arising out of contract, not exceeding $100,000 [$50,000]; 23 (4) to give judgment without action upon the confession of the 24 defendant for any of the cases specified in this section, except for a penalty or 25 forfeiture imposed by statute; 26 (5) for establishing the fact of death or cause and manner of death of 27 any person in the manner prescribed in AS 09.55.020 - 09.55.069; 28 (6) for the recovery of the possession of premises in the manner 29 provided under AS 09.45.070 - 09.45.160 when the value of the arrears and damage 30 to the property does not exceed $100,000 [$50,000]; 31 (7) for the foreclosure of a lien when the amount in controversy does
01 not exceed $100,000 [$50,000]; 02 (8) for the recovery of money or damages in motor vehicle tort cases 03 when the amount claimed exclusive of costs, interest, and attorney fees does not 04 exceed $100,000 [$50,000]; 05 (9) over civil actions for taking utility service and for damages to or 06 interference with a utility line filed under AS 42.20.030; 07 (10) over cases involving protective orders for domestic violence under 08 AS 18.66.100 - 18.66.180. 09 * Sec. 20. AS 21.06 is amended by adding a new section to read: 10 Sec. 21.06.087. Insurance report. (a) The director shall require reporting of 11 and shall compile information necessary to evaluate 12 (1) the impact of the measures enacted in this Act on the availability 13 and cost of insurance in the state; and 14 (2) the financial health and profitability of insurers doing business in 15 the state. 16 (b) Information described in (a) of this section shall be provided by all insurers 17 doing business in this state in the format specified by the director and shall include 18 factual information stating premiums, claims, expenses, and an allocation of investment 19 profits or losses by line of business written in this state. Information shall be compiled 20 by the division in a way that protects the identity of individual insureds. 21 (c) The director shall adopt regulations to implement and interpret this section, 22 including requiring insurers doing business in the state to provide information 23 necessary for the division of insurance to carry out its responsibilities under (a) and 24 (b) of this section. 25 (d) Beginning June 1, 1999, the information compiled under (a) of this section 26 shall be reported to the governor and the legislature annually. 27 (e) The division may consult with the Alaska Judicial Council when 28 determining what information to require to be reported under (a) - (c) of this section 29 and when implementing the compilation required under (a) of this section. 30 * Sec. 21. Alaska Rule of Civil Procedure 16.1(c) is amended to read: 31 (c) Motion to Set Trial and Certificate. Unless otherwise ordered by the
01 court, a [A] motion to set trial may not be filed until after the meeting of parties 02 under paragraph (n) of this rule has occurred and the scheduling order under 03 Rule 16(b) has been issued [105 DAYS AFTER SERVICE OF THE SUMMONS 04 AND COMPLAINT]. A party seeking to obtain a trial date must serve and file a 05 motion to set trial together with a certificate, signed by counsel, stating: 06 (1) That the issues in the case have actually been joined; 07 (2) That all parties have completed discovery or have a reasonable 08 opportunity to do so within the next 60 days; 09 (3) That the procedure for listing witnesses and exhibits and providing 10 exhibit copies, as set for in paragraph (d) of this rule has been completed; 11 (4) Whether trial by jury has been timely demanded; 12 (5) The estimated number of days for the trial, including estimates for 13 each party's case and for jury selection; 14 (6) The names, addresses, and telephone numbers of all attorneys and 15 pro se parties who are responsible for the conduct of the litigation; 16 (7) Which, if any, statute or rule entitles the case to preference on trial 17 calendar; 18 (8) That the parties have complied with paragraph (k) of this rule. 19 * Sec. 22. Alaska Rule of Civil Procedure 16.1(n) is repealed and reenacted to read: 20 (n) Meeting of Parties. Except when otherwise ordered, the parties shall, as 21 soon as practicable after the exchange of initial disclosures required under Rule 22 26(a)(1) and in any event at least 14 days before a scheduling conference is held or 23 a scheduling order is due under Rule 16(b), meet to discuss the nature and basis of 24 their claims and defenses and the possibilities for a prompt settlement or resolution of 25 the case and to develop a proposed discovery plan. The attorneys of record and all 26 unrepresented parties that have appeared in the case are jointly responsible for 27 arranging and being present or represented at the meeting, for attempting in good faith 28 to agree on the proposed discovery plan, and for submitting to the court within 10 days 29 after the meeting a written report outlining the proposed discovery plan. The proposed 30 discovery plan shall indicate the parties' views and proposals concerning: 31 (1) what changes should be made in the timing or forms of subsequent
01 disclosures under the rules including a statement as to when the disclosures required 02 under Rule 26(a) were made; 03 (2) the subjects on which discovery may be needed, when discovery 04 should be completed, and whether discovery should be conducted in phases or be 05 limited to or focused upon particular issues; 06 (3) what changes should be made in the limitations on discovery 07 imposed under these rules and what other limitations should be imposed; 08 (4) whether a scheduling conference is unnecessary; 09 (5) whether there will be dispositive or partially dispositive motions 10 filed in the case and whether other deadlines should be set aside pending resolution of 11 the dispositive or partially dispositive motions by the court; and 12 (6) any other orders that should be entered by the court under Civil 13 Rule 16(b) and (c). 14 * Sec. 23. Alaska Rule of Civil Procedure 41(a) is amended by adding a new paragraph 15 to read: 16 (3) Settlement Information. If a voluntary dismissal under this rule is 17 the result of compromise or other settlement of the parties, the parties shall submit to 18 the Alaska Judicial Council the information required under AS 09.68.130. A notice 19 of dismissal made under (1)[a] of this subsection must be accompanied by a 20 certification signed by or on behalf of the plaintiff that the information required under 21 AS 09.68.130 has been submitted to the Alaska Judicial Council. A stipulation of 22 dismissal made under (1)[b] of this subsection must be accompanied by such a 23 certification signed by or on behalf of all parties who have appeared in the action. 24 The requirements of this paragraph do not apply to the types of cases listed in 25 AS 09.68.130(c). 26 * Sec. 24. Alaska Rule of Civil Procedure 68 is repealed and reenacted to read: 27 Rule 68. Offer of Judgment. (a) At any time more than 10 days before the 28 trial begins, either the party making a claim or the party defending against a claim may 29 serve upon the adverse party an offer to allow judgment to be entered in complete 30 satisfaction of the claim for the money or property or to the effect specified in the 31 offer, with costs then accrued. The offer may not be revoked in the 10-day period
01 following service of the offer. If within 10 days after service of the offer, the adverse 02 party serves written notice that the offer is accepted, either party may then file the 03 offer and notice of acceptance together with proof of service, and the clerk shall enter 04 judgment. An offer not accepted within 10 days is considered withdrawn and evidence 05 of the offer is not admissible except in a proceeding to determine costs. The fact that 06 an offer is made but not accepted does not preclude a subsequent offer. 07 (b) If the judgment finally rendered by the court is not more favorable to the 08 offeree than the offer, the prejudgment interest accrued up to the date judgment is 09 entered shall be adjusted as follows: 10 (1) if the offeree is the party making the claim, the interest rate will be 11 reduced by the amount specified in AS 09.30.065; 12 (2) if the offeree is the party defending against the claim, the interest 13 rate will be increased by the amount specified in AS 09.30.065. 14 (c) If the judgment finally rendered by the court is not more favorable to the 15 offeree than the offer, the court's award of attorney's fees under Rule 82 shall be 16 adjusted as follows: 17 (1) if the offeree is the party making the claim, the court shall adjust 18 its award of attorney's fees to the offeree as follows: 19 (A) if the offer was served no later than 30 days after both 20 parties made the disclosures required by Rule 26(a)(1), the attorney's fees 21 award shall be reduced by 50 percent; 22 (B) if the offer was served more than 30 days after both parties 23 made the disclosures required by Rule 26(a)(1), but more than 90 days before 24 the trial began, the attorney's fees award shall be reduced by 30 percent; 25 (C) if the offer was served 90 days or less but more than 10 26 days before the trial began, the attorney's fees award shall be reduced by 20 27 percent; 28 (2) if the offeree is the party defending against the claim, the court 29 shall adjust its award of attorney's fees to the offeror as follows: 30 (A) if the offer was served no later than 30 days after both 31 parties made the disclosures required by Rule 26(a)(1), the attorney's fees
01 award shall be increased by 50 percent; 02 (B) if the offer was served more than 30 days after both parties 03 made the disclosures required by Rule 26(a)(1), but more than 90 days before 04 the trial began, the attorney's fees award shall be increased by 30 percent; 05 (C) if the offer was served 90 days or less but more than 10 06 days before the trial began, the attorney's fees award shall be increased by 20 07 percent. 08 (d) When the liability of one party to another has been determined by verdict 09 or order or judgment, but the amount or extent of the liability remains to be 10 determined by further proceedings, the party adjudged liable may make an offer of 11 judgment, which shall have the same effect as an offer made 90 days or less but more 12 than 10 days before trial begins, if it is served not less than 10 days before the 13 commencement of hearings to determine the amount or extent of liability. 14 * Sec. 25. Alaska Rule of Civil Procedure 72.1(g) is amended to read: 15 (g) Discovery. Except by leave of court, no discovery may be conducted until 16 the report of the panel has been filed or until 60 days after selection of the panel [80 17 DAYS HAVE ELAPSED FROM THE DATE THE CASE IS AT ISSUE], whichever 18 is first to occur, unless discovery is further stayed for good cause by order of the court. 19 * Sec. 26. Alaska Rule of Civil Procedure 95(b) is amended to read: 20 (b) In addition to its authority under (a) of this rule and its power to punish 21 for contempt, a court may, after reasonable notice and an opportunity to show cause 22 to the contrary, and after hearing by the court, if requested, impose a fine not to 23 exceed $10,000.00 [$1,000.00] against any attorney who practices before it for failure 24 to comply with these rules or any rules promulgated by the supreme court. 25 * Sec. 27. District Court Civil Rule 1(a)(1) is amended to read: 26 (1) The procedure in civil actions and proceedings before district judges 27 and magistrates shall be governed by the rules governing the procedure in the superior 28 court to the extent that such rules are applicable. However, unless otherwise agreed 29 by all parties or permitted by order of the court in exceptional cases and for good 30 cause shown, discovery shall be limited to the disclosures required under Rule 31 26(a) and to the taking by each party of the deposition of one or more opposing
01 parties and of one additional person who is not a party. 02 * Sec. 28. District Court Civil Rule 4 is amended by adding a new subsection to read: 03 (b) Unless otherwise permitted by order of the court in exceptional cases and 04 for good cause shown, all parties shall file a memorandum to set the case for trial, as 05 set forth in Civil Rule 40(b), no later than 180 days after service of the complaint on 06 all parties to the case. The parties shall submit a joint memorandum to set the case 07 for trial, which may state their separate positions if they do not agree concerning the 08 information or estimates to be provided in the memorandum. The court shall set the 09 trial to commence on a date no less than 30 and no more than 90 days after the filing 10 of the memorandum to set the case for trial, unless a continuance is granted by the 11 court pursuant to Civil Rule 40(e). 12 * Sec. 29. Alaska Rule of Appellate Procedure 511 is amended by adding a new subsection 13 to read: 14 (e) Settlement Information. If a dismissal under (a) or (b) of this rule is the 15 result of compromise or other settlement between the parties, the parties shall submit 16 to the Alaska Judicial Council the information required under AS 09.68.130. A 17 dismissal by agreement under (a) of this rule must be accompanied by a certification 18 signed by the attorneys of record for all parties that the information required under 19 AS 09.68.130 has been submitted to the Alaska Judicial Council. A dismissal by the 20 appellant or petitioner made under (b) of this rule must be accompanied by such a 21 certification signed by the appellant's or petitioner's attorney of record. The 22 requirements of this subsection do not apply to the types of cases listed in 23 AS 09.68.130(c). 24 * Sec. 30. Alaska Rule of Civil Procedure 16.1(k)(4) is repealed. 25 * Sec. 31. AS 09.17.020(a), (c), (d), and (e), as repealed and reenacted by sec. 6 of this 26 Act, have the effect of amending 27 (1) Alaska Rule of Civil Procedure 49 by requiring the jury to conduct a 28 separate proceeding for the determination of a punitive damages award after it has determined 29 that punitive damages are allowed in a case; and 30 (2) Alaska Rule of Civil Procedure 26(b) and (d) by affecting the scope, limits, 31 timing, and sequence of discovery allowed in a case.
01 * Sec. 32. AS 09.30.065, as amended by sec. 8 of this Act, has the effect of amending 02 Alaska Rule of Civil Procedure 68 by altering the manner in which interest under 03 AS 09.30.070 is adjusted under AS 09.30.065 when a judgment is not more favorable to the 04 offeree than the offer. 05 * Sec. 33. AS 09.42, as enacted by sec. 11 of this Act, has the effect of amending Alaska 06 Rule of Civil Procedure 100 by making the mediation process mandatory for certain civil 07 cases in the superior court, third judicial district, and by expanding the scope of the rule to 08 include other forms of alternative dispute resolution in addition to mediation. 09 * Sec. 34. AS 09.55.536(f), as amended by sec. 15 of this Act, has the effect of amending 10 Alaska Rule of Civil Procedure 72.1(g) by changing the duration of the stay on further 11 discovery when an expert advisory panel is appointed to evaluate a health care provider 12 malpractice claim. 13 * Sec. 35. APPLICABILITY. (a) Sections 1, 8, 13 - 16, 19, 21, 22, 24 -28, and 30 of this 14 Act apply to all civil actions filed on or after the effective date of those sections. 15 (b) Sections 2 - 7, 9, 10, 12, and 17 of this Act apply to all causes of action accruing 16 on or after the effective date of those sections. 17 (c) Section 11 of this Act applies to those civil actions covered by the pilot program 18 for alternative dispute resolution established under the provisions of AS 09.42 as enacted by 19 sec. 11 of this Act filed on or after January 1, 1998. 20 (d) Sections 18, 23, and 29 of this Act apply to all voluntary dismissals of civil 21 actions filed with the state court on or after January 1, 1998. 22 (e) Section 20 of this Act applies to all insurers doing business in this state on or after 23 the effective date of that section. 24 * Sec. 36. SEVERABILITY. Under AS 01.10.030, if any provision of this Act or the 25 application of a provision of this Act to any person or circumstance is held invalid, the 26 remainder of this Act and the application to other persons shall not be affected. 27 * Sec. 37. (a) AS 09.17.020 (a), (c), (d), and (e), as repealed and reenacted by sec. 6 of 28 this Act, take effect only if sec. 31 of this Act receives the two-thirds majority vote of each 29 house required by art. IV, sec. 15, Constitution of the State of Alaska. 30 (b) AS 09.42, as enacted by sec. 11 of this Act, takes effect only if sec. 33 of this Act 31 receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution
01 of the State of Alaska. 02 (c) The amendments or the repeal of the following court rules take effect only if all 03 amendments and the repeal listed in this subsection receive the two-thirds majority vote of 04 each house required by art. IV, sec. 15, Constitution of the State of Alaska: 05 (1) Alaska Rule of Civil Procedure 16(c), as amended by sec. 21 of this Act; 06 (2) Alaska Rule of Civil Procedure 16.1(n), as amended by sec. 22 of this Act; 07 (3) Alaska Rule of Civil Procedure 16.1(k)(4), repealed by sec. 30 of this Act. 08 (d) AS 09.68.130, as enacted by sec. 18 of this Act, takes effect only if secs. 23 and 09 29 both receive the two-thirds majority vote of each house required by art. IV, sec. 15, 10 Constitution of the State of Alaska. 11 * Sec. 38. Sections 23 and 29 of this Act take effect January 1, 1998. 12 * Sec. 39. Except as provided in sec. 38 of this Act, this Act takes effect immediately 13 under AS 01.10.070(c).