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Rule 3. Commencement of Action and Venue.
(a) A civil action is commenced by filing a complaint with the court. The complaint, in order to be accepted for filing, must be accompanied by a completed case description on a form provided by the clerk of court. The complaint shall also be accompanied by an envelope addressed to the plaintiff with sufficient postage to mail the envelope and all summonses that will be issued in the case.
(b) All actions in ejectment, for recovery of possession, for quieting title, for partition, or for the enforcement of liens upon real property shall be commenced in the superior court in the judicial district in which the real property, or any part of it affected by the action, is situated. Such actions may also be commenced in the venue district in which the real property is located if the superior court in the district accepts such cases for filing.
(c) If, in a civil action other than one specified in (b) of this rule, a defendant can be personally served within a judicial district of the State of Alaska, the action may be commenced either in: (1) the judicial district in which the claim arose; or (2) a judicial district where the defendant may be personally served; or (3) a venue district where the claim arose if the superior court in the district accepts such cases for filing.
(d) Subject to a change of venue motion under AS 22.10.040, a trial and any precedent or antecedent hearings in an action shall be conducted in a venue district within the judicial district at a location which would best serve the convenience of the parties and witnesses. However, if there is any part of more than one venue district within the boundaries of a borough, the trial and related hearings shall be conducted within the borough's boundaries at a location which would best serve the convenience of the parties and witnesses.
(e) Actions in cases not previously covered under this rule may be commenced in any judicial district of the state.
(f) Failure to make timely objection to improper venue waives the venue requirements of this rule.
(g) Venue districts as used in this rule refer to the districts referenced in the Venue District Map attached to Criminal Rule 18.
(h) A petition or request for a protective order on domestic violence under AS 18.66 may be filed in the judicial district
(1) where the petitioner currently or temporarily resides;
(2) where the respondent resides; or
(3) where the domestic violence occurred.
(Adopted by SCO 5 October 9, 1959; amended by SCO 554 effective April 4, 1983; by SCO 683 effective May 15, 1986; by SCO 697 effective September 15, 1986; by SCO 714 effective September 15, 1986; by SCO 744 effective December 15, 1986; by SCO 760 effective December 15, 1986; by SCO 811 effective August 1, 1987; by SCO 1097 effective January 15, 1993; by SCO 1128 effective July 15, 1993; and by SCO 1269 effective July 15, 1997)
Note to SCO 1269: Civil Rule 3(h) was added by § 68 ch. 64 SLA 1996. Section 8 of this order is adopted for the sole reason that the legislature has mandated the amendment.
Note: In 1996, the legislature enacted AS 37.15.583(b), which requires that certain actions pertaining to Alaska clean water fund revenue bonds be commenced and conducted in the superior court at Juneau. According to § 13 ch. 141 SLA 1996, this statute has the effect of amending Civil Rule 3.
Cross References
CROSS REFERENCE: AS 09.10.010
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999
