commencement of the action and not later than 10 days after
Civil Procedure
Rule: 40
Jurisdiction: AK
Bluebook Citation: Alaska R. Civ. P. 40
the service of the last pleading directed to such issue. Such demand shall be made in a separate written document signed by the party making the demand or by the party’s attorney. (c) Demand—Specification of Issues. In the demand a party may specify the issues which the party wishes so tried; otherwise the party shall be deemed to have demanded trial by jury for all the issues so triable. If the party has demanded trial by jury for only some of the issues, any other party within 10 days after service of the demand or such lesser time as the court may order, may serve a demand for trial by jury of any other or all of the issues of fact in the action. (d) Waiver. The failure of a party to serve a demand as required by this rule and to file it as required by Rule 5(d) constitutes a waiver by the party of trial by jury. A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties. A party’s consent to withdraw the jury trial demand may be implied by a failure to appear at trial. (Adopted by SCO 5 October 9, 1959; amended by SCO 66 effective July 1, 1964; by SCO 74 effective January 25, 1965; by SCO 465 effective June 1, 1981; by SCO 620 effective June 15, 1985; and by SCO 1153 effective July 15, 1994) Note: 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(b) of the Act, AS 18.15.375(c)(3), (d), and (e), and 18.15.385(d)–(k), enacted in Section 8, have the effect of amending Civil Rule 38 by requiring a court trial in matters involving public health.
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