ALASKA COURT RULES

(l) Offer of Judgment. A party may make an offer of judgment to another party under the provisions of Civil Rule 68, which shall apply to eminent domain actions in all respects except as set forth below. (1) If the plaintiff makes a successful offer of judgment against a defendant, the defendant may not recover costs and fees incurred after the making of the offer of judgment except as reasonable and necessary to evaluate the offer of judgment. This shall not preclude the award of costs and fees as allowed under Civil Rule 72(k)(1)–(5) incurred prior to the making of the offer of judgment. In no event shall a defendant be required to pay the costs and fees of the plaintiff. (2) If a defendant makes a successful offer of judgment against the plaintiff, the defendant is entitled to recover full reasonable and necessary costs and attorney’s fees without regard to Civil Rule 72(k). (3) For purposes of applying Civil Rule 68, the defendant is the party making the claim and the plaintiff is the party defending against the claim. Any adjustment in interest rates shall operate only from the date the offer of judgment was made. When two defendants use Civil Rule 68 as against the other, the adjustment in prejudgment interest provisions do not apply. (m) Definitions. For purposes of this rule, a final determination of just compensation is not made until all issues of the amount of just compensation to be paid and its distribution to the parties entitled to just compensation are resolved by the entry of judgment on a jury verdict, the court’s confirmation of an award of the master, a final order of the court accepting a settlement agreement of the parties, or the last such order or judgment that resolves any part of these issues. (Adopted by SCO 5 October 9, 1959; amended by SCO 49 effective January 1, 1963; by SCO 56 effective November 1, 1963; by SCO 57 effective November 8, 1963; by SCO 90 effective July 24, 1967; by SCO 98 effective September 16, 1968; by SCO 414 effective August 1, 1980; by SCO 468 effective June 1, 1981; and by SCO 1153 effective July 15, 1994; rescinded and reenacted by SCO 1216 effective January 1, 1996; and by SCO 1987 effective nunc pro tunc to July 1, 2022) the decisional For an explanation of Note to (c)(3): document requirement in cases under AS 09.55.420–.460, see Ship Creek Hydraulic Syndicate v. State, 685 P.2d 715, 715– 20 (Alaska 1984). Note to (l)(1): The limitation on a defendant’s right to recover costs and fees incurred after the making of an offer of judgment is subject to any constitutional right the defendant may have to receive compensation for these expenses. Notes: Chapter 54 SLA 2005 (HB 95) enacted extensive amendments and new provisions related to public health, including public health emergencies and disasters. According to Section 13(e) of the Act, AS 18.15.390, enacted in Section 8, has the effect of amending Civil Rule 72 by authorizing the Department of Health and Social Services to take immediate 102 control over certain businesses and property in cases of public (In 2022, Executive Order 2022-121 health disasters. reorganized the Department of Health and Social Services and divided it into two separate departments: the Department of Health and the Department of Family and Community Services.) Cross References CROSS REFERENCE: AS 09.55.240—AS 09.55.460 (c) CROSS REFERENCE: AS 09.55.240— AS 09.55.270 (e)(3) CROSS REFERENCE: AS 09.55.420— AS 09.55.460 (e)(4) CROSS REFERENCE: AS 09.55.310 (h)(4) CROSS REFERENCE: AS 09.55.310