RULES, CONSTITUTIONAL PROVISIONS AND STATUTES
RELIED UPON
Alaska Appellate Rules
Rule 202, Judgments from Which Appeal May Be Taken.
judgment entered by the superior court, in the circumstances
specified in AS 22.0.010.
Alaska Rules Of Civil Procedure
Rule 12(c) Motion for Judgment on the Pleadings. After the pleadings
are closed but within such time as not to delay the trial, any
party may move for judgment on the pleadings. If, on a motion
for judgment on the pleadings, matters outside the pleadings are
presented to and not excluded by the court, the motion shall be
treated as one of summary judgment and disposed as provided
by Rule 56, all parties shall be given reasonable opportunity to
present all material made pertinent to such a motion by Rule 56.
Rule 38 Jury Trial
section 16 of article I of the constitution, or as given by a
statute of the state, shall be preserved to the parties inviolate.
(b) Demand. Any party may demand a trial by jury of any
issue triable of right by a jury by serving upon the parties a
demand thereof in writing at any time after commencement of
the action and no later than 10 days after the service of the last
pleading directed to such issue. Such demand shall be made
in a separate written document signed by the party making the
demand or by the party’s attorney.
Rule 56 Summary Judgment.
made pursuant to Rule 77, and may be supported by affidavits setting forth concise statements of material facts made upon personal knowledge. There must also be served and filed with each motion a memorandum showing that there are no genuine issues as to any material fact and that the moving party is entitled to a judgment as a matter of law. The adverse party in accordance with Rule 77 may serve opposing affidavits, a concise "statement of genuine issues" setting forth all material
facts as to which it is contended there exists a genuine issue necessary to be litigated, and any other memorandum in opposition of the motion. Judgment shall be rendered forthwith
if the pleadings, depositions, answers to interrogatories, and
admissions on file, together with the affidavits, show that there
is no genuine issue as to any material fact and that any party is
is entitled to a judgment as a matter of law. A summary
judgment, interlocutory in character, may be rendered on issues
of liability alone although there is a genuine issue as to the
amount of damages. Summary Judgment, when appropriate,
may be rendered against the moving party.
Required. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth facts as would be admissible in evidence, and shall show affirmatively that the
affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in the affidavit shall be attached thereto or served therewith.
The court may permit affidavits to be supplemented or opposed by depositions or further affidavits. When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations and denials of the adverse party’s pleadings, but the adverse party’s response, by affidavit or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered against the adverse party.
Constitution of the State of Alaska
Article I , Declaration of Rights
Section 16, Civil Suits; Trial by Jury. In civil cases where the amount
in controversy exceeds two hundred fifty dollars, the right of
trial by a jury of twelve is preserved to the same extent as it
existed at common law.
Section 18, Eminent Domain. Private property shall not be taken or
damaged for public use without just compensation.