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. Unless filing by fax

or electronic mail where authorized, 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 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.

(e) Actions in cases not otherwise 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 map described in Criminal

Rule 18.

st serve the convenience of the parties

and witnesses.

(e) Actions in cases not otherwise 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 map described in Criminal

Rule 18.

(h) A petition or request for a protective order on

domestic violence under AS 18.66 or a protective order on

stalking or sexual assault under AS 18.65 may be filed in either

the judicial district or the court location closest to

(1) where the petitioner currently or temporarily resides;

(2) where the respondent resides; or

(3) where the domestic violence, stalking, or sexual

assault occurred.

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.

Note:

In 2000, the legislature amended AS 37.15.583(a) to

allow the owners of Alaska drinking water fund revenue bonds

to file suit to enforce their rights. An action brought under AS

37.15.583(a) must be commenced and conducted in the

superior court at Juneau. According to § 24 ch. 61 SLA 2000,

the amendment to AS 37.15.583(a) has the effect of amending

Civil Rule 3.

Note:

Ch. 79 SLA 2002 (HB 182), Section 9, adds a new

Chapter 25 to Title 45 of the Alaska Statutes, concerning

motor vehicle sales and dealers. According to Section 14 of

the Act, AS 45.25.020(b) has the effect of amending Civil Rule

3 by establishing a different rule for determining where a legal

dispute described in AS 45.25.020(a) may be brought

has the effect of amending

Civil Rule 3.

Note:

Ch. 79 SLA 2002 (HB 182), Section 9, adds a new

Chapter 25 to Title 45 of the Alaska Statutes, concerning

motor vehicle sales and dealers. According to Section 14 of

the Act, AS 45.25.020(b) has the effect of amending Civil Rule

3 by establishing a different rule for determining where a legal

dispute described in AS 45.25.020(a) may be brought.

Note to Civil Rule 3(g): The venue districts referenced in this

rule and in Criminal Rule 18 are shown on the venue map

available on the Alaska Court System website at:

http://www.courts.alaska.gov/rules/venuemapinfo.htm.

Note:

Chapter 64, SLA 2010 (SB 60), effective Septem-

ber 7, 2010, enacted changes relating to the Uniform Probate

Code. According to section 12(a) of the Act, AS 13.16.055(a),

as amended by section 9 of the Act, has the effect of amending

Civil Rule 3 by establishing a special venue rule for the first

informal or formal testacy or appointment proceedings after a

decedent’s death when the decedent was not domiciled in this

state. According to section 12(b) of the Act, AS 13.12.540, as

enacted by section 8 of the Act, has the effect of amending

Civil Rule 3 by establishing special venue rules for a petition

under AS 13.12.530 or 13.12.535, enacted by section 8 of the

Act.

Cross References

CROSS REFERENCE: AS 09.10.010