Alaska Court System Self-Help

There are only two ways to communicate with the judge:

1. In person, at a hearing scheduled by the judge, with both sides present; OR
2. On paper, written in a motion that was given to the other side so that the judge can hear their side of the story too.

You cannot have one-sided ex parte communications with the judge, for example:

• you cannot call to talk to the judge;
• you cannot ask the judge's assistant to pass along a message;
• you cannot write the judge a letter and expect that he or she won't send it to the other side.

Ex parte communications are forbidden because they are unfair. Both sides in the case have the right to know that something is going on in court and each has the right to tell his/her side of the story. The court must hear from both sides before it can make a decision.

A motion is the paper you must file to ask a judge to make a ruling or take some other action. A motion is the first step in the three-step process called motion practice, which is controlled by Civil Rule 77.

Motion practice is the three-step process to ask the judge to order something in the case. First, the person who is asking for a court order files a motion and asks the court to order something. The person who files the motion is called the “moving party.” Second, the other party files a response or opposition. Third, the moving party can reply to the opposition if they want to respond to what the other party wrote.

Summary of Motion Practice

View video: Motions Part 1: How to Ask the Court For Something

To file a motion you can fill out the Motion & Affidavit, TF-706. In a divorce or custody case there are some specific motion forms that might work better for you. See Family Law forms | All Motion forms and instructions.

The forms have instructions written on them. Clearly tell the judge what you want and why the court should agree with you and grant your motion.

You must swear or affirm that all the facts in your motion are true and sign it in front of a notary. A court clerk can sign the notary section for you. You need a picture I.D. when you sign. If you cannot get the form notarized, you can use Self-Certification (No Notary Available), TF-835.

These forms can also be found in the Generic Motion Packet, SHC-PAC6 (this includes forms for both the party who wants to file a motion and the party who wants to respond or oppose a motion).

Read the information about serving motions on the other side.

Using TrueFiling: Upload this motion and all attachments as one “bundle” – all the documents have to be merged into a single document. See TrueFiling instructions.

Not Using TrueFiling: Fill out the certificate of service on the bottom of the original Motion, stating how you are giving the other side a copy. Make two copies of the motion and all attachments: one for your records and one for the other party. Give the other side, or lawyer if they have one, a copy. Bring the original to the court in person or mail it.

The other person has 13 days from the time you mailed the motion to tell the judge his/her side. If you hand delivered the motion or served through email or TrueFiling, the other side has 10 days to respond. He or she will file her response by filing an Opposition, Affidavit & Memorandum and an Order Response.

Service Reminder PUB-51

View video: Motions Part 2: How to File an Opposition to a Motion

If you were served with a motion, you have the right to respond and tell the judge whether you agree or disagree with the moving party's request. You are called the non-moving party. You can fill out the Response to Motion, TF-707, unless there is a response for your specific situation – see family law forms.

If you agree with the other side’s motion, you can check that box. If you do not agree with the other side’s motion, tell the court why you disagree and why the judge should agree with you.

Since this is a sworn statement, you must sign it in front of a notary, which includes court clerks or postal officials. You will need picture I.D. when you sign. If you are not able to get the form notarized, you can use Self-Certification (No Notary Available), TF-835.

These forms can also be found in the Generic Motion Packet, SHC-PAC6 (this includes forms for both the party who wants to file a motion and the party who wants to respond or oppose a motion).

You have 13 days from the time the motion was mailed to you, or 10 days from the time the motion was hand deliveredor served through email or TrueFiling to you, to file your opposition.

Read the information about serving motions on the other side.

Using TrueFiling: Upload this motion and all attachments as one “bundle” – all the documents have to be merged into a single document. See TrueFiling instructions.

Not Using TrueFiling: Fill out the certificate of service on the bottom of the original Motion, stating how you are giving the other side a copy. Make two copies of the motion and all attachments: one for your records and one for the other party. Give the other side, or lawyer if they have one, a copy. Bring the original to the court in person or mail it.

Service Reminder PUB-51

The moving party has 8 days to reply to your response if you mailed it. If you hand-delivered, emailed, or used TrueFiling the response, then they only have 5 days. Then the paperwork will go to the judge, who will make the decision. If the judge thinks a hearing is needed, you will receive a notice telling you when and where to appear.

View video: Motions Part 3: Preparing a Reply

If you filed the motion, you can reply to the response if you think it is necessary. But, it is not required.

You can use Reply to Response, TF-708, unless there is a reply for your specific situation – family law forms.

If you decide to reply, you must file it within 8 days of when the opposition was mailed to you. If it was hand delivered, emailed, or used TrueFiling you have 5 days to reply.

You must serve the opposing party with a copy of the reply. Repeat the same process as when you filed the motion.

View video: Motions Part 4: Mailings and Deadlines

For motions and response, count every day except the first day. If you land on a Saturday, Sunday or holiday, go to the next business day. For replies, do not count the first day and do not count Saturday, Sunday or holidays. See Civil Rule 6(a).

Yes. If someone files a motion before the date an answer to a complaint is due, the timeline to respond to the motion is:

• 10 days from the date of service of the motion, OR
• the date the defendant’s answer is due (20 days from the date the complaint was served), whichever is later.
• Add 3 more days if the motion was mailed to you.

For example, if the plaintiff serves the defendant with a complaint and a motion for interim orders on May 4, the response/opposition to the motion is determined by the answer due date which is 20 days later. That means the response/opposition is due on May 24 (if the plaintiff served the motion documents by a process server or hand delivery) or May 27 (if the plaintiff served the motion documents by certified mail because the rule adds 3 more days for mail delivery).

In another example, the plaintiff serves the defendant with a complaint on May 4 by mail and later serves the motion for interim orders through TrueFiling on May 20. The Answer is due May 24 (20 days later). The response/opposition is due 10 days after May 20, on May 30, because that is later than the date the defendant’s answer is due on May 24.

View video: Filing Documents by Mail

Yes, you can mail your motion papers to the court for filing by 1st class US mail. You need to include all of the forms you have filled out, signed and had notarized where indicated. If you are not able to get the form notarized, you can use Self-Certification (No Notary Available), TF-835.

Make 2 copies of all papers before you mail the originals to the court. Keep 1 copy for your records. You will need 1 copy to serve the defendant.

If either party wants a hearing on the motion, that party must file a motion for a hearing within 5 days after the opposition or reply was filed. Sometimes even if the parties do not ask for a hearing, the judge may schedule one to better understand the issues. If there will be a hearing, the court will send a Notice of Hearing that includes the date, time and location.

Generally, the motion paperwork will not be sent to the judge's chambers until after the entire motion practice cycle has run - usually about 3 weeks.

If a hearing is scheduled, there will be no decision until after the hearing, and it may take many weeks to get one scheduled.

If there is no hearing, the judge will usually make a decision within a few weeks, but it could take months. There are many factors affecting the time, such as the complexities of your motion, other motions that may be pending in your case, and the judge's schedule.

When you need a court order.

• Before trial
  • Motion for Interim Orders: when you need a court order before the trial.
• After your case is over
  • To modify: if there has been a change in circumstances, you may file a Motion to Modify for custody or support.
  • To enforce: if the other party is not following the final order or decree, there are a number of options depending on the situation.

If you need the judge to decide on a specific issue prior to your final hearing or before you receive a judgment, you will need to make the request to the judge by filing a Motion for Interim Orders, along with an affidavit and a proposed order.

If you have children, and are married to the other party, you can file a:

• Motion for Interim (Temporary) Order - Divorce or Legal Separation with Children, DR-882,
• NOTE: if you are filing a motion with your Complaint or filing a motion after the decree has been signed, you must also file:
  • Notice of Motion, CIV-650

If you have children, and are notmarried to the other party, you can file a:

• Motion for Interim (Temporary) Custody and Child Support, DR-455,
• NOTE: if you are filing a motion with your Complaint or filing a motion after the decree has been signed, you must also file:
  • Notice of Motion, CIV-650

If you do not have children, you can file a:

• Motion for Interim (Temporary) Order - Divorce or Legal Separation without Children, DR-884,
• NOTE: if you are filing a motion with your Complaint or filing a motion after the decree has been signed, you must also file:
  • Notice of Motion, CIV-650

If you receive a motion for interim orders for custody, child support or something else, you have 13 days from the date it was mailed to file a response, or 10 days if it was hand delivered or served through email or TrueFiling. You can respond by filing a Response to Motion, TF-707.

If you feel that you have an emergency that justifies speeding up the motion process, you may consider filing an additional motion asking for expedited consideration of your main motion. Civil Rule 77(g) is the special court rule controlling these requests. Requests for expedited consideration are rarely granted, and should only be used in a real emergency. You may call the Family Law Self-Help Center Helpline for more information and the special form, or you may consult with an attorney. There are special requirements to serve a motion for expedited consideration.

A complete set of general forms is provided in

• The Generic Motion Packet, SHC-PAC6 (this includes forms for both the party who wants to file a motion and the party who wants to respond or oppose a motion)
• Service Reminder PUB-51

There are a number of specialized motions available, such as:

• Motion, Affidavit and Order for Expedited Consideration
  NOTE: This form is not available online. Some courts may have the expedited motion forms available in the clerk’s office.
• Motion and Affidavit for Interim Orders - No Children, SHC-1105 Word | PDF
• NOTE: if you are filing a motion with your Complaint or filing a motion after the decree has been signed, you must also file:
  • Notice of Motion, CIV-650
• Motion and Affidavit for Interim Orders - With Children, SHC-1100 Word | PDF
• NOTE: if you are filing a motion with your Complaint or filing a motion after the decree has been signed, you must also file:
  • Notice of Motion, CIV-650

For more information or to request a form, please call the Self-Help Center Helpline.

The following examples may be helpful:

• Sample Motion for Return of Boat.
• Sample Affidavit & Memorandum in Support of Motion for Return of Boat.