Copyright 1995-1999 Touch N' Go Systems, Inc. All Rights Reserved. No claim made to official government works.
Rule 8. Scope and Applicability.
(a) Procedure in small claim actions, as defined by AS 22.15.040, is governed by these rules and other rules specifically incorporated herein by reference, when all parties to the action elect to be governed by them. Part I of the District Court Rules of Civil Procedure governs small claim actions when the parties do not elect small claim procedure.
(b) A party having a claim or claims exceeding the maximum amount of a small claim as defined by AS 22.15.040 may waive the right to recover the excess amount and elect to proceed under this Part II, by filing a written waiver of the excess amount.
(c) Actions to foreclose or enforce statutory, common law or possessory liens and actions for recovery of real property may not be brought as small claims actions. The court may, on its own motion, order the rules in Part I to apply in any other action when important or difficult questions of fact or law are involved.
(SCO 225 effective May 1, 1976; amended by SCO 854 effective January 15, 1988; and by SCO 1153 effective July 15, 1994)
NOTE: The maximum amount of a small claim under AS 22.15.040 is $5,000.
*Editor's Note: The effective date of Supreme Court Order 225, amending all of the small claims rules, was postponed by Supreme Court Orders 235, 237 and 242. The small claims rules were finally effective on May 1, 1976.
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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
