# Alaska R. Civ. P. 5: Rule 5. Service and Filing of Pleadings and Other Papers

> Alaska · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R5

## Section

- **Citation:** Alaska R. Civ. P. 5
- **Heading:** Rule 5. Service and Filing of Pleadings and Other Papers
- **Jurisdiction:** Alaska
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Alaska Rules of Court / Alaska Rules of Civil Procedure / Alaska R. Civ. P. 5

## Text

(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.

## Nearby sections

- [Alaska R. Civ. P. 1 Rule 1. Scope of Rules—Construction](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R1.md)
- [Alaska R. Civ. P. 2 Rule 2. One Form of Action](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R2.md)
- [Alaska R. Civ. P. 3 Rule 3. Commencement of Action and Venue](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R3.md)
- [Alaska R. Civ. P. 4 Rule 4. Process](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R4.md)
- [Alaska R. Civ. P. 5 Rule 5. Service and Filing of Pleadings and Other Papers](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R5.md)
- [Alaska R. Civ. P. 5.1 Rule 5.1. Filing and Service by Facsimile Transmission and Electronic Mail](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R5_1.md)
- [Alaska R. Civ. P. 5.2 Rule 5.2. Foreign Orders and Judgments](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R5_2.md)
- [Alaska R. Civ. P. 5.3 Rule 5.3. Electronic Distribution by the Court](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R5_3.md)
- [Alaska R. Civ. P. 5.4 Rule 5.4. Registration of Tribal Court Orders Under the Comity Doctrine](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R5_4.md)
- [Alaska R. Civ. P. 6 Rule 6. Time](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R6.md)
- [Alaska R. Civ. P. 7 Rule 7. Pleadings Allowed—Form of Motions](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R7.md)
- [Alaska R. Civ. P. 8 Rule 8. General Rules of Pleading](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R8.md)
- [Alaska R. Civ. P. 9 Rule 9. Pleading Special Matters](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R9.md)
- [Alaska R. Civ. P. 10 Rule 10. Form of Pleadings](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R10.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R5. Check the current official text before relying on it. Not legal advice.