Alaska Court System Self-Help

A

Affidavit

A written statement signed under penalty of perjury by the person making the statement. The person also swears to the statement in front of someone who is officially permitted by law to administer an oath, like a notary. See also, under oath.

Affirmative Defense

A claim a defendant can make in their Answer that attacks the plaintiff’s legal right to bring an action, instead of attacking the truth of a claim raised in the Complaint. The defendant’s goal in raising an affirmative defense is to stop the case from moving ahead because it is legally improper. If the defendant doesn't raise an affirmative defense in their Answer, they may lose the opportunity to raise it later in the case. See the Answer to F.E.D. Complaint form for examples of some affirmative defenses a defendant can raise in an eviction case.

Allegation

A statement that may or may not be true, but which the speaker expects to be able to prove is true.

Alternative Service

Normally, when a plaintiff starts a court case, they must to serve the defendant a copy of the Complaint and Summons by process server or certified mail/restricted delivery/return receipt. But, if the defendant can't be found, the plaintiff can ask the judge for permission to serve the defendant in a different way. For example, by posting notice of the case on the court's free legal notice website, someone's social media account, through email, in a newspaper, at a shelter or some other location the defendant is known to go. Read about the alternate service process.

Answer

The defendant's response to the plaintiff's Complaint. The Answer is the first document filed by the defendant in a court case. In the Answer, the defendant may deny the plaintiff's allegations, present new facts, or argue the plaintiff's facts are legally invalid. In the Answer, the defendant may also make affirmative defenses and counterclaims.

Answer to Counterclaim

The document the plaintiff files to respond to the defendant if they raise any counterclaims in their Answer. It states whether the plaintiff agrees or disagrees with each counterclaim. The plaintiff must file it within 20 days of when they were served with the Answer.

Attorney Fees

The amount a lawyer charges to represent someone in a lawsuit. If you lose your case, you may have to pay some or all of the other side’s attorney fees.

B

C

Case

The general name for the matter filed in court. Also called an action, cause, cause of action, or lawsuit.

Certificate of Servive

A written, dated and signed statement telling the judge that you gave or sent a copy to the other side. A copy of every document filed in court must be given to every person involved in the case. The Certificate of Service proves that this happened. See service.

Certified Mail

In Alaska, you must serve the Complaint and Summons by certified mail/restricted delivery/ return receipt or process server. Certified mail is a type of special delivery by the post office. Ask at your local post office for more information.

Claim or Legal Claim

A request to a court to enforce a legal right. Plaintiffs make claims in the Complaint and defendants make them in the Answer. A claim may or may not be true, but the speaker expects to be able to prove it is true at a hearing or trial.

Closing Statement

The statement each side makes (or their attorney) at the end of a hearing or trial. Typically, this statement highlights the version of the facts that best supports each side of the case, how these facts were proven during testimony, how the law applies to the case and why the judge should rule for one side and not the other. The statement itself is not evidence, and you may only refer to what has been accepted as evidence.

Complaint

The document the plaintiff files with the court to start the case. The plaintiff states his or her claim(s) against the defendant.

Continuance

A court order which delays a court hearing date to a later day. To get a continuance for a hearing or trial, you file a motion with the court and serve it on the other side. You must explain why you need the continuance. You will also have to show good cause. "Good cause" means you have a very good reason for not being ready for your hearing on the scheduled date.

Counterclaim

A separate legal claim that the defendant has against the plaintiff based on either the same or different facts. If a defendant has a claim against a plaintiff based on the same facts in a complaint and doesn't list it in the Answer, the defendant might not be able to sue the plaintiff for it later.

Court Clerk

A court employee responsible for maintaining permanent records of all court proceedings and exhibits, and administering the oath to jurors and witnesses.

Court Order

A command or direction given by a judge. An order can be in writing or spoken. Violating a court order is very serious and can result in being held in contempt or sanctioned in other ways.

Cross Examination

Asking the other party’s witnesses questions. Cross-examination questions are leading questions that usually have a “yes” or “no” answer. Examples are: "Isn't is true that you don’t have a copy of the lease that you say we entered?" or "Isn't it true that you saw the Defendant tearing down a wall in the apartment?” The other side gets to ask cross-examination question to your witnesses (and you if you testify as a witness). You can ask cross-examination questions to the other side’s witnesses (and the other side if they testify as a witness).

Cure

To eliminate or correct a violation or defect. For example, when a tenant receives a Notice to Quit for not paying rent, the tenant has 7 days cure, or correct, the violation by paying the full amount of rent owed.

D

Damages

The amount of money the law imposes for a violation of a legal duty or a legal right.

Damages Phase

The second phase in the eviction process. This is where the judge decides how much money damages each party owes the other for a violation of a legal duty or a legal right. The first step is the eviction phase.

Default

If the defendant does not respond to the plaintiff's Complaint by filing an Answer within 20 days, the plaintiff can finish the case without the defendant's participation by requesting the court to enter a default. Because the defendant didn't answer, the plaintiff is able to get a one-sided judgment.

Default Judgment

A judgment in favor of the plaintiff, or landlord, that the court enters against the defendant or tenant, when the defendant has been properly served with a complaint but does not file an answer by the 20-day deadline.

Defendant

The person(s) the plaintiff sues for violation of a legal duty or legal right. In an eviction case, the defendant is the tenant.

Diligent Inquiry

When you don't know where the other party is to serve them, the court requires that you try hard to find them. The effort you make to find the opposing party is called diligent inquiry. If you still can't find them, you may file an affidavit of diligent inquiry and ask the court permission to serve by alternative service.

Direct Examination

Asking your own witnesses questions. Direct examination questions are open-ended questions that help the witness tell a story. Examples are: “What did you see that day at the property?” or “What did the tenant tell you about the damage to the wall?” The answers are called direct testimony.

Direct Testimony

What a person says in response to direct examination while they are under oath, and after being sworn-in. Testimony given in court is evidence.

Discovery

The formal and informal exchange of information between parties in a case. Usually, you do not file discovery in the court. It is information for the parties to use as they prepare their cases.

Documents

The papers you file in court.

E

Eviction

The legal removal of a tenant or occupant from property owned by the person seeking the eviction, who is typically the landlord. Also known as Forcible Entry & Detainer (F.E.D.) case. There are to parts to an eviction case: 1) the eviction phase and 2) the damages phase. A landlord needs to have a court order to evict someone from a property. They can't remove a tenant on their own.

Eviction Hearing

A court proceeding where the judge decides if the tenant must move out. It is part of the first phase of an eviction case, called the Eviction Phase. Both the landlord and tenant must attend the eviction hearing and present their side of the story. If the judge awards possession to the landlord at this hearing, the judge will order the tenant to move out of the property by a certain date and time. The judge may also issue a Writ of Assistance which allows the landlord to ask law enforcement to remove the tenant from the property if the tenant doesn’t move out voluntarily.

Eviction Phase

The first phase of an eviction case. where the judge decides if the tenant must move out. It is sometimes called the Possession Phase. During this phase the court will conduct an eviction hearing and decide whether to grant the landlord's request to regain possession of the property. Other issues, such as how much money damages the tenant owes to the landlord will be decided during the second phase, called the damages phase.

Evidence

Information provided to the court by a party during the course of a case to help with the decision-making process. This can include testimony, documents, and physical objects. There are special rules that control how and what information can be provided in court as evidence.

Execute/Execution of Judgment

The court procedure a person can go through to collect money damages the other side owes them under a judgment. The person with the judgment can collect the money by following the court execution process. If done correctly, the person may collect money from the other party's bank account, wages, Permanent Fund Dividend (PFD), or personal property.

Exhibit

Evidence, like a paper, chart, map, or other physical object. A party can use exhibits to help prove their side of the story in a case. Sometimes these are attached to and referred to in an affidavit, pleading, or motion, but more often these are brought to a hearing or trial.

Exhibit List

The list of documents, photographs, emails, and other things a party plans to introduce as evidence during trial.

Expert Witness

A person with special knowledge, training or experience who is allowed to testify at a trial about facts and professional conclusions drawn from those facts. A party who wishes to have an expert witness testify must designate the witness as an expert on their witness list. See generally Evidence Rules 701-706.

F

File (noun)

The complete court record of a case.

File (verb)

"To file" a document is to give it to the court clerk to add to the case record. Before you file something, you make two copies: one for you and one for the other person. Then you file the original in court. Remember: whenever you file something, you must fill out a Certificate of Service telling the court when you sent or hand-delivered the copy to the other side.

Filing Fee

The court is required to charge a filing fee to file certain types of cases. The fee for an eviction case is $150. If you cannot afford the fee, you may request to start your case for free by filing a special form called Request for Exemption from Fees.

Forcible Entry and Detainer (F.E.D.)

The formal legal name for an eviction case. There are two phases to and F.E.D. case: 1) the eviction phase, where the court decides if the tenant has to give possession of the property back to the landlord due to a violation of a legal duty or legal right, and 2) the damages phase, where the court decides how much each party owes the other for those violations.

G

H

Hand-delivery

Handing a document to either (1) the attorney who is representing the other party or (2) the other party if they are self-represented, at their place of residence, or with a person of suitable age and discretion residing at their home.

Hearing

A court proceeding where each party, and perhaps witnesses, come to the court to speak to the judge. A hearing is different from a trial in a number of ways. For example, hearings are typically shorter and less formal than a trial.

Hearsay

Hearsay is a statement made by someone who's not in the courtroom but is presented to the judge as a true statement. Hearsay can't be used as evidence in court. But there are many exceptions to this rule. Sections 801-804 of the Rules of Evidence cover the hearsay rule and the exceptions to it. There also is a Commentary that explains more about how these rules work.

I

Interrogatories

A type of discovery request. One party gives the other side written questions to which the other side must provide written responses within 30 days. Interrogatories are optional. A party can use Interrogatories as a way to get information to prepare for trial, but they don't have to. See Civil Rule 33 for more information about Interrogatories.

J

Judge

The specially trained and qualified person who runs a courtroom. Judges decide all legal questions. Judges make the final decision or judgement in eviction cases where there usually is no jury.

Judgment

The document that the judge signs at the end of a case that states the decision. It is the final written decision of the case.

Judgment Creditor

The person who is owed money because of a judgment made by a judge. For example, if a judge decides a tenant owes a landlord $2400 for unpaid rent, the landlord then becomes a judgment creditor until the tenant pays the money off.

Judgment Debtor

The person who owes money because of a judgment made by a judge. For example, if a judge decides a tenant owes a landlord $2400 for unpaid rent, the tenant then becomes a judgment debtor until they pay the money in full.

Jury

A group of people who swear to decide the outcome of a court case (verdict) based only on evidence presented to them during trial. Juries usually consist of 6 or 12 individuals. If either the landlord or tenant in an eviction case want a jury to decide the damages trial, they must file a separate written request at the very beginning of the case.

Jury Trial

A trial where a jury makes the final decision in a case instead of a judge. In most eviction cases, parties choose to have a trial by judge instead of jury trial because a trial by judge tends to be simpler and less expensive.

K

L

Landlord

The owner of real property such as a house, apartment, or mobile home, who leases or rents the property to another person(s), called the tenant.

Landlord and Tenant Act

An Alaskan law which covers rental of a residence, such as an apartment, a mobile home, or a house. It explains the legal duties and rights of landlords and tenants in Alaska. Read more about the Act.

Lawsuit

A legal dispute a person files in court. Also called an action, cause, cause of action, or case.

Lawyer / Attorney

A person licensed to practice law. You may contact the Alaska Bar Association to find out if a person is licensed in Alaska.

Lease

A contract wherein a landlord gives the right to possess a property to a tenant, for a certain specified period of time in exchange for something of value, like rent money.

M

Mediation / Mediator

Mediation is a voluntary and confidential process in which a neutral third-party facilitator (the mediator) helps people discuss difficult issues and negotiate an agreement. Parties in mediation create their own solutions and the mediator does not have any decision-making power over the outcome. A mediator may or may not be a lawyer.

Mental Capacity

A person's ability to understand the nature and consequences of their own actions.

Minor (age)

Any person who is under the age of 18 years old.

Motion

The name of the document you must file to ask a judge to make an order or act in some way. A motion is the first step in the three-step process called motion practice, which is controlled by Civil Rule 77.

Motion for Summary Judgment

A written request a party can file to say both parties agree on the facts of the case and those facts mean someone wins under the law. Or the other party can’t prove the facts that it needs to prove to win under the law. The party who files the Motion for Summary Judgment must attach an affidavit listing the facts that both sides agree about, or the facts that the other party can't prove, and explain why the facts mean that one party should win under the law.

Motion for Judgment on the Pleadings

A written request a party can file to say the Complaint and Answer show that the parties agree on the facts of the case and those facts mean one side should win under the law. The party who files the Motion for Judgment on the Pleadings can't add new facts. They must rely on the facts in the Complaint and the Answer.

Motion Practice

The three-step process parties go through when making a written request to the judge, called motions. The first step occurs when a party asks the judge to do something by filing a motion. The second step occurs when the other side responds to the original motion by filing an opposition. The third step occurs when the party who filed the original motion responds to the other side's opposition by filing a reply. See Civil Rule 77 for more information.

N

Notice

The law requires that a party be made aware, or given notice, of a legal process affecting their rights. For example, before a landlord can file an eviction case, they have to give notice to the tenant, called a Notice to Quit. The Notice to Quit must list the reason why the landlord wants to evict the tenant, how they can fix the issue, and the deadline.

Notice to Quit

A written document a landlord must give to a tenant before they can start a court case to evict them. A Notice to Quit must tell the tenant in writing why they are being evicted, how long they have to move out, and if they can fix the problem to stop the eviction from happening. See the housing forms page for sample Notice to Quit forms.

O

Object

The way a party can tell the judge they think something the other party is doing or saying in the case is improper, unfair, or illegal.

Offer of Proof

A short statement you tell the judge as you are calling on a witness to testify in court. The Offer of Proof explains: (1) why you want the witness to testify, (2) what you think that witness will say, and (3) why this is relevant and necessary to the case. The judge may ask you for an Offer of Proof so they can decide if the witness's testimony is necessary and relevant.

Opening Statement

The introductory statement each party (or their lawyer) makes at the start of a hearing or trial. Typically, this statement explains the version of the facts best supporting each side of the case, how these facts will be proven, and how the law applies to the case. This statement is not evidence.

Opposition

A document a party files to respond to a motion filed by the other side. An opposition is the second step in the three-step process called motion practice, which is controlled by Civil Rule 77.

Order

A command or direction given by a judge. An order can be in writing or spoken. Violating a court order is very serious and can result in being held in contempt or sanctioned in other ways.

P

Party / Parties

The legal word for the people who are part of the case. Parties have the right to ask the judge to rule one way or another. In eviction cases, the parties are usually a landlord and one or more tenants. The landlord is the plaintiff and the tenant is the defendant.

Peace Officer

A public employee whose duties primarily relate to law enforcement, such as a sheriff or police officer.

Plaintiff

The person or company who starts the court case by filing a Complaint. In an eviction case, the plaintiff is the landlord.

Pleadings

The formal documents that start a court case, usually the Complaint and an Answer. The pleadings describe the legal or factual claims about the case and what each party wants the judge to do. The plaintiff files the Complaint to start the case and the defendant files the Answer to respond to the complaint. If the defendant includes a counterclaim in the Answer, the plaintiff may file an Answer to Counterclaim.

Possession (of property)

Physical control over the property. This usually means that the person is using or living in the property.

Pretrial Conference

A meeting that occurs before court proceedings for trial begin where the parties meet with the judge to discuss things like setting trial or hearing dates, discussing the possibility of a settlement agreement, etc.

Process Server

A specially licensed person who is authorized to serve certain types of legal documents, like a Complaint. While fees vary, it generally costs up to $65 plus mileage and time to hire a process server. Process servers can serve legal documents just about anywhere, not just at someone's home. If they have a good physical description, a process server may hang-out at the airport or even a bar waiting for someone to show-up. Check the statewide list of authorized process servers to find a process server.

Q

R

Rebuttal Witness

A witness whose testimony is needed suddenly to discredit or explain something unexpected that another witness said. A rebuttal witness testifies after both sides have presented their witnesses and is not on the witness list. Rebuttal witnesses are only for testimony or evidence that was a surprise at trial. If the rebuttal witness is coming to testify about something new, or something a party should have brought up with the regular witnesses, the judge may decide that party can't have the rebuttal witness testify.

Record of Service

The document proving the other party was formally served. Generally, you only need a proof of service at the beginning of the case to prove the defendant received the Complaintand Summons according to the rules. If you serve the other party by certified mail, restricted delivery, return receipt, the "green card" you get back signed by the defendant will be your proof of service. If you use a process server, the affidavit he or she gives you telling you when the defendant was served will be your proof of service.

Rental Agreement

All agreements, written or oral, making up the terms and conditions for the use of the rental property. Also called a lease or lease agreement.

Reply

The name of the document a party files to reply to the other side's opposition. The reply is the third and final step in the three-step process called motion practice, which is controlled by Civil Rule 77.

Rules of Evidence

The Alaska Supreme Court has adopted rules that set out what evidence judge can admit and consider in a case. The rules discuss whether, when, how and for what purpose you can present information or proof to support a legal argument in a court case. Their purpose is to get the most reliable, relevant and accurate evidence to the judge. Evidence must be based on first-hand knowledge of the person presenting it, with very limited exceptions. This means you have to have seen something with your own eyes or heard it directly yourself before you are allowed to speak about it in court. The Rules provide for cross-examination of anyone whose written or spoken words are being considered as evidence. Understanding the Rules of Evidence can be very complicated. It is helpful to discuss with a lawyer what evidence to use and how to admit evidence. Read the Rules of Evidence or watch a video .

S

Scheduling Order

The order issued by your trial court judge telling you the date of the trial and the deadlines for the case. This is a very important document, so read it very carefully. If you miss a deadline, you may be sanctioned.

Security Deposit

The payment a tenant gives to a landlord or property manager at the beginning of the lease to ensure that the tenant will pay the rent, maintain the property, and not cause damage to it. Security deposits are held in trust by the owner or manager until the tenant moves out. After the tenant moves out, the landlord or manager should return the security deposit to the tenant. The landlord or manager may apply a portion of the security deposit to pay for property damage or unpaid rent, but they must provide an accounting of how the money was used to the tenant.

Serve or Service

Providing the other side in a case with a copy of everything you file with the court. Both parties are required to do this so everyone knows what the other side gave to the judge. This requirement is a matter of fairness so everyone in the case has the same information provided to the court. Every document the court issues must be provided to all parties in the case. You tell the judge how and when you “served” the other side by filling out the Certificate of Service at the bottom of each document you file with the court.

Settlement Agreement

TA resolution or decision about the case that all parties agree to. A settlement agreement may end the whole case, or it may only end one part, or issue, of the case.

Statute or Laws

The laws written and passed by the legislature. The court's job is to interpret the law and decide how it applies to your case. You can read the statutes online, at your local court, law library or legislative information office.

Subpoena

A court order requiring an individual to come and talk under oath in court. Subpoenas can also require a person to bring to court specific documents or other items that you think you need to prove your case.

Summons

A legal notice which informs an individual that someone has brought a lawsuit against them. It includes the reasons for the lawsuit, who the judge is and how long the individual has to respond to the Complaint by filing an Answer.

T

Telephonic Appearance

Appear in a court proceeding by phoning into the courtroom and typing in an access code, instead of appearing in-person. Normally, you need to ask the judge for permission to appear telephonically.

Tenant

A person or company who rents property from a landlord, like a house, apartment, or commercial building. Usually, the tenant(s) is the person(s) named on the rental agreement.

Tenancy

The period of time which the rental agreement covers. It may also refer to the lease agreement itself.

Testify

To make a statement in court under oath. The statements a person makes while testifying under oath are called testimony. Testimony is evidence.

Testimony

What a person says in the courtroom under oath, after being sworn-in.

Trial

A formal court proceeding where each side presents arguments and evidence for how the judge should rule. When the trial is over, the judge makes a final judgment and the case is done. For an eviction case, the trial will hear the evidence, unless one of the parties files a written request for a trial by jury.

Trial Brief

A written summary or statement explaining your position to the judge. The trial brief states the facts, evidence, and legal arguments that you plan to present at trial and typically includes citations to legal authority (such as statutes, case law or rules) to support your position. In eviction cases, you need to file the trial brief before the trial, usually by the deadline set out in a scheduling order.

U

Under Oath

Having sworn or promised to tell the truth. All people must swear or affirm to tell the truth if they want the judge to consider their statement or testimony as evidence. Parties must submit written statements as affidavits for the judge to consider them as evidence.

Unpaid Rent

The amount of money the tenant owes in back rent, based on the periodic amount they were responsible to pay under the rental agreement.

Unpaid Utilities

The amount of money the tenant owes in utilities for which they were responsible to pay, but did not, so the landlord had to pay.

Utility Company

The company which provides utilities to the rental property, for example gas, electric, or water.

V

W

Witness

A person called by a party to speak in court, under oath, about what he or she knows or has observed that is relevant to the case.

Witness List

TThe list of people a party intends to call during a trial or hearing. The judge will let the parties know when the witness list is due. Parties must designate who will be called as an expert witness. A party must file their witness list, or the judge may sanction them by not allowing them to call their witnesses. See the sample witness list form.

Writ of Assistance

A written order from a judge telling a law enforcement official, like a police officer, to perform a certain task. In an eviction case, the judge normally issues a Writ of Assistance to the landlord if the judge grants them possession of the property at the eviction hearing. Then, if the tenant refuses to move out voluntarily, the landlord can take the Writ to a local law enforcement agency and have the tenant removed.

Writ of Execution

A formal, written court order to a law enforcement officer or other official to enforce or execute a judgment in a specific way, such as sweeping a bank account or taking a portion of someone's PFD.

X

Y

Z