IN THE SUPREME COURT OF THE STATE OF ALASKA

                         ORDER NO. 1241

                                   Amending Civil Rule 82
                                   concerning award of attorney's
                                   fees.

IT IS ORDERED:

     1.   Paragraph (b) of Civil Rule 82 is amended to read as
follows:

               (b)  Amount of Award.

               . . . .

               (2)  In cases in which the prevailing
          party recovers no money judgment, the court
          shall award the prevailing party in a case
          which goes to trial 30 percent of the
          prevailing party's reasonable actual
          attorney's fees which were necessarily
          incurred, and shall award the prevailing party
          in a case resolved without trial 20 percent of
          its actual attorney's fees which were
          necessarily incurred. The actual fees shall
          include fees for legal work customarily
          performed by an attorney but which was
          delegated to and performed by an investigator,
          paralegal or law clerk.
          
               . . . .

               (4)  Upon entry of judgment by default,
          the plaintiff may recover an award calculated
          under subparagraph (b)(1) or its reasonable
          actual fees which were necessarily incurred,
          whichever is less. Actual fees include fees
          for legal work performed by an investigator,
          paralegal, or law clerk, as provided in
          subparagraph (b)(2).     

     2.   Paragraph (c) of Civil Rule 82 is amended to read as
follows:

               (c)  Motions for Attorney's Fees. A
          motion is required for an award of attorney's
          fees under this rule or pursuant to contract,
          statute, regulation, or law.  The motion must
          be filed within 10 days after the date shown
          in the clerk's certificate of distribution on
          the judgment as defined by Civil Rule 58.1. 
          Failure to move for attorney's fees within 10
          days, or such additional time as the court may
          allow, shall be construed as a waiver of the
          party's right to recover attorney's fees. A
          motion for attorney's fees in a default case
          must specify actual fees.


     3.   Paragraph (e) of Civil Rule 82 is amended to read as
follows:

               (e)  Equitable Apportionment Under AS
          09.17.080. In a case in which damages are
          apportioned among the parties under AS
          09.17.080, the fees awarded to the plaintiff
          under (b)(1) of this rule must also be
          apportioned among the parties according to
          their respective percentages of fault. If the
          plaintiff did not assert a direct claim
          against a third-party defendant brought into
          the action under Civil Rule 14(c), then

               (1)  the plaintiff is not entitled to
          recover the portion of the fee award
          apportioned to that party; and

               (2)  the court shall award attorney's
          fees between the third-party plaintiff and the
          third-party defendant as follows:

               (A)  if no fault was apportioned to the
          third-party defendant, the third-party
          defendant is entitled to recover attorney's
          fees calculated under (b)(2) of this rule;

               (B)  if fault was apportioned to the
          third-party defendant, the third-party
          plaintiff is entitled to recover under (b)(2)
          of this rule 30 or 20 percent of that party's
          actual attorney's fees incurred in asserting
          the claim against the third-party defendant. 




DATED:     May 2, 1996   

EFFECTIVE DATE:    July 15, 1996   


                                   _______________________________
                                   Chief Justice Compton


                                   _______________________________
                                   Justice Rabinowitz


                                   _______________________________
                                   Justice Matthews


                                   _______________________________
                                   Justice Eastaugh
     

                                   _______________________________
                                   Justice Fabe