Rule 85. Forcible Entry and Detainer

(a) Practice and Procedure. In an action for the

possession of any land, tenement or other real property brought

under the forcible entry and detainer provisions of law, the

practice and procedure shall be as in other civil actions, subject

to the following:

(1) Complaint. The premises claimed shall be described

in the complaint with such certainty that the defendant will be

distinctly advised of their location so that possession thereof

may be delivered according to that description. The complaint

must contain a notice describing the circumstances under

which the clerk may dismiss the case under subsection (a)(6)

of this rule. This notice will be printed in the forcible entry and

detainer complaint forms approved by the administrative

director. If the plaintiff files an action without using the court

form, the complaint must nonetheless contain a notice that is

identical to that which appears in the court form. The notice

shall serve as the actual notice to all parties that is required by

paragraph (a)(6) of this rule.

(2) Summons. Summons shall be served not less than two

days before the day of the eviction hearing. The date set for the

eviction hearing shall be not more than 15 days from the date

of filing of the complaint unless otherwise ordered by the

court.

(3) Continuances. No continuance shall be granted for a

longer period than 2 days, unless the defendant applying

therefor shall give an undertaking to the adverse party, with

sureties approved by the court, conditioned to the payment of

the rent that may accrue if judgment is rendered against

defendant.

(4) Appearance by Defendant. An appearance by a

defendant at the eviction hearing is an appearance in the entire

matter for purposes of Civil Rule 55(a).

(5) Service—How Made. A defendant cannot be served

under Civil Rule 5 by mailing a copy of the document to the

address from which the defendant was evicted unless the

defendant’s current mailing address and whereabouts are not

readily ascertainable.

nce by Defendant. An appearance by a

defendant at the eviction hearing is an appearance in the entire

matter for purposes of Civil Rule 55(a).

(5) Service—How Made. A defendant cannot be served

under Civil Rule 5 by mailing a copy of the document to the

address from which the defendant was evicted unless the

defendant’s current mailing address and whereabouts are not

readily ascertainable.

(6) Dismissal of Action for Want of Prosecution.

(A) By Clerk—Additional Notice to Parties Not Required.

A forcible entry and detainer case may be dismissed by the

clerk for want of prosecution without further notice to the

parties and without further order if

(i) the case has been pending for more than 180 days

from the date the complaint was filed;

(ii) no trial or hearing is scheduled; and

(iii) no application for default judgment has been filed;

and

(iv) the parties had actual notice that the case could be

dismissed under this paragraph; actual notice of the procedure

for dismissal of a forcible entry and detainer case shall be

provided in all forcible entry and detainer complaints as

provided in subsection (a)(1) of this rule.

(B) By Order of Court. The court on its own motion or on

motion of a party to the action may enter a judgment of

dismissal if the plaintiff fails to appear for a scheduled trial or

hearing.

(C) Dismissal Without Prejudice. A case dismissed for

want of prosecution under this rule is dismissed without

prejudice unless otherwise ordered by the court. Any party

may, as a matter of right, reopen a case that was dismissed for

want of prosecution without refiling the action by making a

request in writing to the clerk of court no later than one year

after dismissal.

(b) Referral to District Courts for Trial. Any such

action filed in the superior court may be referred by the court

to a district court for trial when the amount does not exceed the

jurisdiction of district court.

Cross References

(a) (generally) CROSS REFERENCE: AS 09.45.070