AS Title 9, Chapter 5: Jurisdiction

Chapter 05. Jurisdiction. Sec. 09.05.010. Jurisdiction of action. From the time of the service of a copy of the summons and complaint, or of the completion of the publication when service by publication is ordered, the court acquires jurisdiction and has control of all the subsequent proceedings. The voluntary appearance of the defendant is equivalent to personal service of a copy of the summons and complaint upon the defendant. Sec. 09.05.015. Personal jurisdiction. (a) A court of this state having jurisdiction over the subject matter has jurisdiction over a person served in an action according to the rules of civil procedure (1) in an action, whether arising in or out of this state, against a defendant who, when the action is commenced, (A) is a natural person present in this state when served; (B) is a natural person domiciled in this state; (C) is a domestic corporation; or (D) is engaged in substantial and not isolated activities in this state, whether the activities are wholly interstate, intrastate, or otherwise; (2) in an action that may be brought under statutes of this state that specifically confer grounds for personal jurisdiction over the defendant; (3) in an action claiming injury to person or property in or out of this state arising out of an act or omission in this state by the defendant; (4) in an action claiming injury to person or property in this state arising out of an act or omission out of this state by the defendant, provided, in addition, that at the time of the injury either (A) solicitation or service activities were carried on in this state by or on behalf of the defendant; or (B) products, materials, or things processed, serviced, or manufactured by the defendant were used or consumed in this state in the ordinary course of trade; (5) in an action that (A) arises out of a promise, made anywhere to the plaintiff or to some third party for the plaintiff's benefit, by the defendant to perform services in this state or to pay for services to be performed in this state by the plaintiff; (B) arises out of services actually performed for the plaintiff by the defendant in this state, or services actually performed for the defendant by the plaintiff in this state if the performance in this state was authorized or ratified by the defendant; (C) arises out of a promise, made anywhere to the plaintiff or to some third party for the plaintiff's benefit, by the defendant to deliver or receive in this state or to ship from this state goods, documents of title, or other things of value; (D) relates to goods, documents of title, or other things of value shipped from this state by the plaintiff to the defendant on the order or direction of the defendant; or (E) relates to goods, documents of title, or other things of value actually received by the plaintiff in this state from the defendant without regard to where delivery to the carrier occurred; (6) in an action that arises out of (A) a promise, made anywhere to the plaintiff or to some third party for the plaintiff's benefit, by the defendant to create in either party an interest in, or to protect, acquire, dispose of, use, rent, own, control, or possess by either party real property situated in this state; (B) a claim to recover a benefit derived by the defendant through the use, ownership, control, or possession by the defendant of tangible property situated in this state either at the time of the first use, ownership, control, or possession or at the time the action is commenced; or (C) a claim that the defendant return, restore, or account to the plaintiff for an asset or thing of value that was in this state at the time the defendant acquired possession or control over it; (7) in an action to recover a deficiency judgment upon a mortgage note or conditional sales contract or other security agreement executed by the defendant or a predecessor of the defendant to whose obligations the defendant has succeeded and the deficiency is claimed (A) in an action in this state to foreclose upon real property situated in this state; (B) following sale of real property in this state by the plaintiff; or (C) following resale of tangible property in this state by the plaintiff; (8) in an action against a defendant who is or was an officer or director of a domestic corporation where the action arises out of the defendant's conduct as such officer or director or out of the activities of the corporation while the defendant held office as a director or officer; (9) in an action for the collection of taxes or assessments levied, assessed, or otherwise imposed by a taxing authority after April 10, 1968; (10) in an action that arises out of a promise made to the plaintiff or some third party by the defendant to insure upon or against the happening of an event if (A) the person insured was a resident of this state when the event out of which the cause of action is claimed to arise occurred; (B) the event out of which the cause of action is claimed to arise occurred in this state; or (C) the promise to insure was made in the state; (11) in an action against a personal representative to enforce a claim against the deceased person represented if one or more of the grounds stated in (2) — (10) of this subsection would have furnished a basis for jurisdiction over the deceased if living, and it is immaterial under this paragraph whether the action was commenced during the lifetime of the deceased; (12) in an action for annulment, divorce, legal separation, or separate maintenance when a personal claim is asserted against the nonresident party if (A) the parties resided in this state in a marital relationship for not less than six consecutive months within the six years preceding the commencement of the action; (B) the party asserting the personal claim has continued to reside in this state; and (C) the nonresident party receives notice as required by law. (b) In an action brought in reliance upon jurisdictional grounds stated in (a)(2) — (10) of this section, there cannot be joined in the same action any other claim or cause against the defendant unless grounds exist under this section for personal jurisdiction over the defendant as to the claim or cause to be joined. (c) The jurisdictional grounds stated in (a)(2) — (10) of this section are cumulative and in addition to any other grounds provided by the common law. Sec. 09.05.020. Service of process on nonresident owner or operator of motor vehicle. (a) The operation of a motor vehicle by a nonresident, or owned by a nonresident and operated by the express or implied consent of the owner, in the state is considered equivalent to an appointment of the commissioner of administration by the nonresident as the nonresident's attorney. The summons may be served on the commissioner in an action against the nonresident growing out of an accident or collision in which the vehicle is involved while being so operated. This operation is considered a signification of the nonresident's agreement that a summons against the nonresident which is so served has the same legal force as if served on the nonresident personally in the state. (b) Service of the summons is made by leaving a copy of it with the commissioner of administration or the designee of the commissioner. The commissioner or a designee shall keep a record of each such process and the day and hour of service. This service is sufficient service on the nonresident. (c) The plaintiff or the plaintiff's attorney shall send a notice of the service and a copy of the summons to the defendant by registered mail within 10 days after the date of service. (d) The plaintiff or the plaintiff's attorney shall make an affidavit showing that service of the notice and summons on the defendant has been made by registered mail as provided in (c) of this section. The affiant shall attach to the affidavit a copy of the summons and notice so served and the registry receipt of the defendant. The affiant shall file the affidavit and attached papers with the court having jurisdiction of the cause. (e) The court in which the action is pending may order an extension of time necessary to give the defendant reasonable opportunity to defend the action. Sec. 09.05.030. Service on personal representative of deceased nonresident; substitution of personal representative. (a) The death of a nonresident does not revoke the appointment of the commissioner of administration by the nonresident as attorney under AS 09.05.020 . If the nonresident dies, an action growing out of the accident or collision may be begun or prosecuted against an executor or administrator duly appointed by the state, territory, or district of the United States or foreign country where the nonresident is domiciled at the time of death. Service of the summons shall be made on the commissioner of administration. Notice of the service and the copy of the process shall be given to the nonresident's executor or administrator in like manner, with the same force as service on a living nonresident. (b) An action or proceeding pending in a state court, in which the court has obtained jurisdiction of a nonresident under AS 09.05.020 , does not abate by reason of the nonresident's death. The nonresident's executor or administrator duly appointed in the state, territory, or district of the United States or foreign country where the nonresident is domiciled at the time of death, shall, on the application of the plaintiff, be brought in and substituted in the place of the nonresident, and the action or proceeding shall continue. Sec. 09.05.040. Service of process on resident who leaves state after accident. A resident who has operated a motor vehicle, or has owned a motor vehicle operated with the express or implied consent of the owner that has been involved in an accident or collision on a public highway, and who has moved to another state after the accident or collision shall be treated as a nonresident for service of process as provided under AS 09.05.020 and 09.05.030. Sec. 09.05.050. Service of process on state prisoners. (a) In a civil action to which a person committed to the custody of the commissioner of corrections is a party or witness, service of process shall be made by delivering a copy of the summons and the complaint or pleadings, together with a form for affidavit of proof of service, to the shift supervisor of the correctional facility in which the person is housed. The shift supervisor shall (1) immediately hand deliver the summons and complaint or pleadings to the person whose name appears on the summons; and (2) promptly complete the affidavit of proof of service on the form provided and return it to the party requesting service of process. (b) A party requesting service of process under this section may locate a person committed to the custody of the commissioner of corrections by contacting the chief classification officer of the Department of Corrections during that officer's regular hours of work. (c) In this section, “correctional facility” has the meaning given in AS 33.30.901 .