before the introduction of evidence at the trial or hearing

(d) Costs of Previously Dismissed Action. If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the plaintiff has complied with the order. (e) Dismissal for Want of Prosecution. (1) The court on its own motion or on motion of a party to the action may dismiss a case for want of prosecution if (A) the case has been pending for more than one year without any proceedings having been taken, or (B) the case has been pending for more than one year, and no trial or mandatory pretrial scheduling conference has been scheduled or held. (2) The clerk shall review all pending cases semi- annually and in all cases that are subject to dismissal under (e)(1), the court shall hold a call of the calendar or the clerk shall send notice to the parties to show cause in writing why the action should not be dismissed. (3) If good cause to the contrary is not shown at a call of the calendar or within sixty days after distribution of the notice, the court shall dismiss the action. The clerk may dismiss actions under this paragraph if a party has not opposed dismissal. (4) A dismissal for want of prosecution is without prejudice unless the court states in the order that the case is dismissed with prejudice. (5) If a case dismissed under this paragraph is filed again, the court may make such order for the payment of costs of the case previously dismissed as it may deem proper, and may stay the proceedings in the case until the party has complied with the order. (Adopted by SCO 5 October 9, 1959; amended by SCO 239 effective March 1, 1976; by SCO 258 effective November 15, 1976; by SCO 465 effective June 1, 1981; by SCO 798 effective March 15, 1987; by SCO 834 effective August 1, 1987; by SCO 1153 effective July 15, 1994; by SCO 1266 effective July 15, 1997; by SCO 1283 effective September 2, 1997; by SCO 1361 effective October 15, 1999; and by SCO 1908 effective nunc pro tunc May 11, 2017) Note: Chapter 6, SLA 2017 (HB 104) repeals AS 09.68.130 and its requirements that the Alaska Judicial Council collect information about certain civil litigation from parties. Section 1 of the act repeals Civil Rule 41(a)(3) and Appellate Rule 511(c) and (e), effective May 11, 2017. Those rule provisions had required compliance with AS 09.68.130. This rule change is adopted for the sole reason that the legislature has mandated the amendment. The added revision to paragraph (a)(1) of