ALASKA COURT RULES

(4) Waiver. A party waives the right to change as a matter of right a judge who has been permanently assigned to the case by knowingly participating before that judge in: (i) Any judicial proceeding which concerns the merits of the action and involves the consideration of evidence or of affidavits; or (ii) A pretrial conference; or (iii) The commencement of trial; or (iv) If the parties agree upon a judge to whom the case is to be assigned. Such waiver is to apply only to the agreed upon judge. (5) Assignment of Action. After a notice of change of judge is timely filed, the presiding judge shall immediately assign the matter to a new judge within that judicial district. Should that judge be challenged, the presiding judge shall continue to assign the case to new judges within the judicial district until all parties have exercised or waived their right to change of judge or until all superior court judges, or all district court judges, within the judicial district have been challenged peremptorily or for cause. Should all such judges in the district be disqualified, the presiding judge shall immediately notify the administrative director in writing and request that the administrative director obtain from the Chief Justice an order assigning the case to another judge. If a judge to whom an action has been assigned later becomes unavailable because of death, illness, or other physical or legal incapacity, the parties shall be restored to their several positions and rights under this rule as they existed immediately before the assignment of the action to such judge. (Adopted by SCO 5 October 9, 1959; amended by SCO 186 effective July 1, 1974; by SCO 258 effective November 15, 1976; by SCO 262 effective December 31, 1976; by SCO 465 effective June 1, 1981; by SCO 705 effective September 15, 1986; by SCO 716 effective September 15, 1986; by SCO 741 effective December 15, 1986; by SCO 877 effective July 15, 1988; by SCO 1153 effective July 15, 1994; by SCO 1196 effective July 15, 1995 and by SCO 1698 effective October 15, 2009) Note: Ch. 80 SLA 2002 (HB 196), Section 1, adds new sections to AS 25.24 concerning the right of action for legal separation. According to Section 3 of the Act, AS 25.24.430 has the effect of amending Civil Rule 42(a) by requiring consolidation of subsequent divorce and annulment actions with legal separation actions filed by the same parties. PART VII. EVIDENCE AND CONDUCT OF TRIAL