Rule 5. Service and Filing of Pleadings and Other Papers

(a) Service—When Required. Every order required by

its terms to be served, every pleading subsequent to the

original complaint unless the court otherwise orders because of

numerous defendants, every paper relating to discovery

required to be served upon a party unless the court otherwise

orders, every written motion other than one which may be

heard ex parte, and every written notice, appearance, demand,

offer of judgment, and similar paper shall be served upon each

of the parties but no service need be made on parties in default

for failure to appear except that pleadings asserting new or

additional claims for relief against them shall be served upon

them in the manner provided for service of summons in Rule 4.

In an action begun by seizure of property, whether

through arrest, attachment, garnishment or similar process, in

which no person need be or is named as defendant, any service

required to be made prior to the filing of an answer, claim, or

appearance shall be made upon the person having custody or

possession of the property at the time of its seizure.

(b) Service—How Made. Whenever under these rules

service is required or permitted to be made upon a party

represented by an attorney the service shall be made upon the

attorney unless service upon the party is ordered by the court.

Service upon the attorney or upon a party shall be made by

delivering a copy to the attorney or party, by mailing it to the

attorney’s or party’s last known address, by transmitting it to

the attorney’s or party’s facsimile machine telephone number

or electronic mail address as provided in Civil Rule 5.1(c), or,

if no address is known, by leaving it with the clerk of the court

by the court.

Service upon the attorney or upon a party shall be made by

delivering a copy to the attorney or party, by mailing it to the

attorney’s or party’s last known address, by transmitting it to

the attorney’s or party’s facsimile machine telephone number

or electronic mail address as provided in Civil Rule 5.1(c), or,

if no address is known, by leaving it with the clerk of the court.

Delivery of a copy within this rule means: handing it to the

attorney or to the party; or leaving it at the attorney’s or party’s

office with a clerk or other person in charge thereof; or, if there

is no one in charge, leaving it in a conspicuous place therein;

or, if the office is closed or the person to be served has no

office, leaving it at the attorney’s or party’s dwelling house or

usual place of abode with some person of suitable age and

discretion then residing therein. Mailing of a copy means

mailing it by first class United States mail. Service by mail is

complete upon mailing. Service by a commercial delivery

company constitutes service by delivery and is complete upon

delivery.

(c) Service—Numerous Defendants. In any action in

which there are unusually large numbers of defendants, the

court, upon motion or of its own initiative, may order that

service of the pleadings of the defendants and replies thereto

need not be made as between the defendants and that any

cross-claim, counterclaim, or matter constituting an avoidance

or affirmative defense contained therein shall be deemed to be

denied or avoided by all other parties and that the filing of any

such pleading and service thereof upon the plaintiff constitutes

due notice of it to the parties. A copy of every such order shall

be served upon the parties in such manner and form as the

court directs.

oss-claim, counterclaim, or matter constituting an avoidance

or affirmative defense contained therein shall be deemed to be

denied or avoided by all other parties and that the filing of any

such pleading and service thereof upon the plaintiff constitutes

due notice of it to the parties. A copy of every such order shall

be served upon the parties in such manner and form as the

court directs.

(d) Filing.

(1) Except as provided in (2) of this paragraph, all papers

after the complaint required to be served upon a party shall be

filed with the court either before service or within a reasonable

time thereafter.

(2) Unless filing is ordered by the court on motion of a

party or on its own motion, the following may not be filed

unless and until they are used in the proceedings:

(i)

disclosures under Rule 26(a);

(ii)

notices of taking depositions and transcripts of

depositions;

(iii)

interrogatories and requests for admissions and

answers thereto;

(iv)

requests for production and responses thereto;

(v)

subpoenas, including subpoenas duces tecum;

(vi)

offers of judgment;

(vii)

proof of service of any of the above;

(viii) copies of correspondence between counsel;

(ix)

exhibits.

(e) Filing With the Court Defined. The filing of

pleadings and other papers with the court as required by these

rules shall be made by filing them with the clerk of the court at

the court location where the case is filed unless otherwise

directed by the court, except that the judge may permit the

papers to be filed with the judge, in which event the judge shall

note thereon the filing date and forthwith transmit them to the

office of the clerk. Papers may be filed by facsimile

transmission or electronic mail only as permitted by Civil Rule

5.1(a).

of the court at

the court location where the case is filed unless otherwise

directed by the court, except that the judge may permit the

papers to be filed with the judge, in which event the judge shall

note thereon the filing date and forthwith transmit them to the

office of the clerk. Papers may be filed by facsimile

transmission or electronic mail only as permitted by Civil Rule

5.1(a).

(f) Proof of Service. Proof of service of all papers

required or permitted to be served, other than those for which a

particular method of proof is prescribed in these rules, must

state the name of each person who has been served, must show

the day and manner of service and may be by written

acknowledgment of service, by certificate of an attorney, an

authorized agent of the attorney, or a pro se litigant, by

affidavit of the person who served the papers, or by any other

proof satisfactory to the court. Proof of service must be made

promptly and in any event before action is to be taken on the

paper served by the court or the parties. Failure to make the

proof of service required by this subdivision does not affect the

validity of service; and the court may at any time allow the

proof of service to be amended or supplied unless it clearly

appears that to do so would result in material prejudice to the

substantial rights of any party.

(g) Service After Final Judgment.

(1) Notwithstanding the provisions of paragraph (b) of

this rule requiring service upon an attorney, a party who has

been represented by an attorney in an action or proceeding

shall be served rather than the attorney in accordance with the

provisions of paragraph (b) with a motion or other request for

relief filed in the action or proceeding where a period of one

year has elapsed since the filing of any paper or the issuance of

any process in the action or proceeding, and

upon an attorney, a party who has

been represented by an attorney in an action or proceeding

shall be served rather than the attorney in accordance with the

provisions of paragraph (b) with a motion or other request for

relief filed in the action or proceeding where a period of one

year has elapsed since the filing of any paper or the issuance of

any process in the action or proceeding, and

(i) The final judgment or decree has been entered and

the time for filing an appeal has expired, or

(ii) If an appeal has been taken, the final judgment or

decree upon remand has been entered or the mandate has been

issued affirming the judgment or decree, and

(iii) The party’s attorney has not filed a notice of

continued representation under Rule 81(e)(2).

(2) If a party is served under circumstances described in

Section (1) of this paragraph, or if a party appeared in his or

her own behalf in the prior action or proceeding, the paper

served shall include notice to the party of the party’s right to

file written opposition or response, the time within which such

opposition or response must be filed, and the place where it

must be filed.

(h) Service on Custody Investigator and Guardian Ad

Litem. In all cases involving the custody or visitation of a

minor in which a custody investigator or a guardian ad litem

has been appointed, the parties shall serve the custody

investigator and the guardian ad litem with all pleadings

involving the care, custody, or control of the minor.

st be filed, and the place where it

must be filed.

(h) Service on Custody Investigator and Guardian Ad

Litem. In all cases involving the custody or visitation of a

minor in which a custody investigator or a guardian ad litem

has been appointed, the parties shall serve the custody

investigator and the guardian ad litem with all pleadings

involving the care, custody, or control of the minor.

(i) Changes in Addresses and Telephone Numbers.

While a case is pending, the parties must immediately inform

the court and all other parties, in writing, of any changes in

their mailing addresses, e-mail addresses, and telephone

numbers, except as provided in Civil Rule 65.1.

Note:

Section 132 of ch. 87 SLA 1997 adds AS

25.27.265(c) which authorizes the court to allow CSED to

serve a party by mailing documents to the last known address

on file with the agency. This is permitted only if the court finds

that CSED has made diligent efforts to serve documents in the

appropriate manner. According to § 153 of the Act, § 132 has

the effect of amending Civil Rules 4 and 5 by allowing service

at the opposing party’s last known address on file with the

child support enforcement agency in certain circumstances.

Note: Chapter 65, SLA 2018 (HB 170) enacted comprehensive

changes to securities laws. According to section 30(a) of the

Act, AS 45.56.630(c) - (e), enacted by section 25 of the Act,

have the effect of changing Civil Rules 4 and 5, effective

January 1, 2019, by allowing service on the administrator (in

the Department of Commerce, Community, and Economic

Development) in certain cases.

Note: Chapter 11, SLA 2024 (HB 66) enacted changes to

mental health commitment procedures. According to sec. 63 of

the Act, AS 47.30.700(d) enacted by sec. 48 of the Act has the

effect of changing Civil Rules 4 and 5 by restricting the

permissible methods by which a court order may be served on

a party.