ALASKA COURT RULES

been assigned to a specific judge. If a party has moved to disqualify a judge for cause within the time permitted for filing a notice of change of judge, such time is tolled for all parties and, if the motion to disqualify for cause is denied, a new five- day period runs from notice of the denial of the motion. (3) Re-Assignment. When a request for change of judge is timely filed under this rule, the judge shall proceed no further in the action, except to make such temporary orders as may be absolutely necessary to prevent immediate and irreparable injury before the action can be transferred to another judge. However, if the named judge is the presiding judge, the judge shall continue to perform the functions of the presiding judge. (4) Timeliness. Failure to file a timely request precludes a change of judge under this rule as a matter of right. (5) Waiver. A party loses the right under this rule to change a judge when the party, after reasonable opportunity to consult with counsel, agrees to the assignment of the case to a judge or knowing that the judge has been permanently assigned to the case, participates before the judge in an omnibus hearing, any subsequent pretrial hearing, a hearing under Rule 11, or the commencement of trial. No provision of this rule shall bar a stipulation as to the judge before whom a plea of guilty or of nolo contendere shall be taken under Rule 11. (Adopted by SCO 4 October 4, 1959; amended by SCO 185 effective July 1, 1974; by SCO 292 effective February 21, 1978; by SCO 832 effective August 1, 1987; by SCO 875 effective July 15, 1988; by SCO 1011 effective January 15, 1990; by SCO 1070 effective July 15, 1991; by SCO 1153 effective July 15, 1994 and by SCO 1698 effective October 15, 2009)