HB 224: "An Act amending Rule 11(a), District Court Rules of Civil Procedure."

00 HOUSE BILL NO. 224 01 "An Act amending Rule 11(a), District Court Rules of Civil Procedure." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. Rule 11(a), District Court Rules of Civil Procedure, is amended to read: 04 (a) The summons shall be issued and the summons and complaint served, 05 according to the procedures of Civil Rule 4, except that: 06 (1) If personal service is used, the clerk shall deliver the summons for 07 service to a peace officer or to a person specially appointed to serve it. 08 (2) If service is by registered or certified mail, the clerk shall mail the 09 summons and a copy of the complaint as provided in Civil Rule 4(h). 10 (3) Service by publication or posting shall not be allowed. 11 (4) Service on a defendant who is outside the state shall be allowed 12 (A) [ONLY] in accordance with the Landlord-Tenant Act, 13 AS 34.03.340; 14 (B) in accordance with [AND] AS 09.05.020, entitled Service 15 of Process on Nonresident Owner or Operator of Motor Vehicle;

01 (C) when the cause of action is based upon a debt, 02 contractual obligation, personal injury, or property damage incurred or 03 occurring while the defendant was physically present in Alaska. 04 (5) The affidavit required by Civil Rule 4(f) is not required in small 05 claims cases and Civil Rule 4(j) shall not apply. 06 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 CONDITIONAL EFFECT. Section 1 of this Act takes effect only in that section 09 receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution 10 of the State of Alaska.