UNITED STATES DISTRICT COURT
for the
District of Alaska
In the Matter of
MISCELLANEOUS
AMENDED LOCAL CIVIL and GENERAL ORDER
MAGISTRATE JUDGE RULES NO. 22-17
IT IS HEREBY ORDERED THAT:
In accordance with Federal Rule of Civil Procedure 83(a), after consultation with
an Advisory Committee, the Local Civil and Magistrate Judge Rules for the District of
Alaska have been amended for brevity and clarity. The Court now adopts these revisions
effective January 1, 2023. The updated Local Civil and Magistrate Judge Rules are
attached hereto, and are found on the District Court’s website.
DATED at Anchorage, Alaska, this 14th day of December, 2022.
/s/ Sharon L. Gleason
Hon. Sharon L. Gleason, Chief Judge
United States District Court
/s/ Joshua M. Kindred
Hon. Joshua M. Kindred
United States District Court
Distribution:
District Judges Magistrate Judges (Full Time)
Senior District Judges Magistrate Judges (Part Time)
Clerk of Court Court Librarian
Court Rules Attorney U.S. Probation & Pretrial Services
U.S. Marshal U.S. Attorney
Federal Public Defender Bankruptcy Judges
Clerk of the Bankruptcy Court
1
UNITED STATES DISTRICT COURT
DISTRICT OF ALASKA
LOCAL CIVIL RULES
2023 REVISED EDITION
EFFECTIVE JANUARY 1, 2023
(SUPERSEDES DECEMBER 2020 EDITION)
[TO GO TO DESIRED RULE, CLICK ON RULE NUMBER IN TABLE OF CONTENTS]
SUMMARY OF 2023 AMENDMENTS
Local Civil Rule 1.1(b) – Definition of “Lodged document” removed, as the term has
been removed entirely from the Local Civil Rules.
Local Civil Rule 5.1(c) – Modified to clarify that SEALED filings must be served on the
opposing party, as they are not served via CMECF.
Local Civil Rule 5.3(c) – Modified to remove facsimile filing option. Provisions
regarding service by fax and email removed as outdated.
Local Civil Rule 5.4 – Removed, as chambers copies are no longer required by Local
Rule. Individual judges will issue standing orders.
Local Civil Rule 7.3(f) – Subsection (10) added to cross-reference Local Civil
Rule 5.1(c)(4).
Local Civil Rule 7.3(g)(4) – Modified to clarify disposal of in camera materials.
Local Civil Rule 7.3(h)(5) – Modified for clarity.
Local Civil Rule 11.1(b)(3) – Clarifies that the court may dismiss pro se matter for
failure to update address.
Local Civil Rule 11.1(c) – Cross-reference added for withdrawal of a limited entry of
appearance.
Local Civil Rule 41.1 – Clarifying potential for dismissal for failure to follow Local Rules
or court orders.
Local Civil Rule 54.1 – Clarifying Clerk’s procedure for Bill of Costs.
Local Civil Rule 54.2 – Clarifying/modifying attorney fee awards for out-of-state
counsel.
Local Civil rule 79.2(c) – New subsection addressing return of original pro se filings.
Local Civil Rule 80.1(b) – Modified to clarify transcript/audio requests.
Local Civil Rule 83.1(b) – Modified to accurately represent the Clerk’s procedure for
admission to appear in District Court.
Local Civil Rule 83.1(c) – Modified to clarify Limited Entry of Appearance.
Local Civil Rule 83.1(e) – Modified to include pro hac vice exemptions for CJA
attorneys and those representing individuals granted in forma pauperis status.
Local Civil Rule 83.1(j) – Text modified to accommodate changes in filing fees, and
entire provision moved to Local Civil Rule 83.1(b)(4).
Local Civil Rules for the District of Alaska
Effective January 1, 2023
Page ii
Contents
Local Civil Rule 1.1 Scope and Purpose of Local Rules/Definitions/Civility..................... 1
(a) Scope and Purpose ......................................................................................... 1
(b) Definitions ....................................................................................................... 1
(c) Civility .............................................................................................................. 2
Local Civil Rule 1.2 Access and Citation to Local Rules ................................................. 2
(a) Availability ....................................................................................................... 2
(b) Amendments ................................................................................................... 3
(c) Official Rules ................................................................................................... 3
(d) Citation ............................................................................................................ 3
Local Civil Rule 3.1 Commencement of an Action .......................................................... 3
(a) Civil Cover Sheet ............................................................................................ 3
(b) Identification of Related Cases........................................................................ 3
(c) Fees/Waiver of Fees ....................................................................................... 3
(d) Case Assignment ............................................................................................ 4
Local Civil Rule 3.2 Venue .............................................................................................. 4
(a) Venue within the District of Alaska .................................................................. 4
(b) Transfer of Removed Actions .......................................................................... 4
(c) Intra-District Transfer ....................................................................................... 4
Local Civil Rule 4.1 Summons ........................................................................................ 4
Local Civil Rule 5.1 Electronic Service and Filing ........................................................... 4
(a) Electronic Filing Procedures............................................................................ 4
(b) Electronic Filing Upon Payment of Fees ......................................................... 5
(c) Notice of Electronic Filing and Proof of Service ............................................... 5
(d) Attorneys Required to Use CM/ECF ............................................................... 5
(e) Signatures ....................................................................................................... 5
(f) Filing of Related Documents ............................................................................ 6
Local Civil Rule 5.2 Service of Orders and Other Documents by the Court .................... 6
Local Civil Rule 5.3 Other Means of Filing and Service................................................... 7
Local Civil Rules for the District of Alaska
Effective January 1, 2023
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(a) Filing and Service for non-CM/ECF Users ...................................................... 7
(b) Inmate Filing and Service ................................................................................ 7
(c) Facsimile and Email Filing ............................................................................... 7
Local Civil Rule 7.1 General Motion Practice .................................................................. 7
(a) Motions and Oppositions ................................................................................. 7
(b) Proposed Orders ............................................................................................. 8
(c) Replies ............................................................................................................ 8
(d) Supplemental Materials ................................................................................... 8
(e) Multiple Motions .............................................................................................. 8
(f) Requests for Oral Argument............................................................................. 9
(g) Motions for Evidentiary Hearing ...................................................................... 9
(h) Failure to Oppose Motions .............................................................................. 9
(i) Digital Evidence Presentation System (DEPS)................................................. 9
Local Civil Rule 7.2 Time Limits for Motions, Oppositions, and Replies .......................... 9
Local Civil Rule 7.3 Specific Motions............................................................................. 10
(a) Motion for Expedited Consideration .............................................................. 10
(b) Unopposed Motion for Extension of Time ..................................................... 10
(c) Conventional Filing for Registered CM/ECF Users ....................................... 10
(d) Motion for Judicial Notice .............................................................................. 10
(e) Motion to File Ex Parte (seeking to prevent all other parties and the public
from accessing a document) ......................................................................... 11
(f) Motion to File Under Seal (seeking to prevent the public, but not the
parties, from accessing a document) ............................................................ 11
(g) Motion to Submit Documents for In Camera Review (seeking to provide a
document for review only by the presiding judge) ......................................... 12
(h) Motion for Reconsideration ........................................................................... 13
(i) Motion for Telephonic Participation ................................................................ 13
(j) Motion to File Late Document......................................................................... 13
Local Civil Rule 7.4 Document Management ................................................................ 14
(a) Page/Word Limits .......................................................................................... 14
Local Civil Rules for the District of Alaska
Effective January 1, 2023
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(b) References to Other Parts of Record ............................................................ 14
(c) Exhibits to Motions ........................................................................................ 15
Local Civil Rule 7.5 Formatting of Court Filings (Exemplar follows this rule) ................. 15
(a) Form in General ............................................................................................ 15
(b) Information to be Placed on First Page ......................................................... 15
(c) Information to be Placed on Signature Page ................................................. 16
Local Civil Rule 7.5 Exemplar ....................................................................................... 17
Local Civil Rule 8.1 General Rules of Pleading ............................................................. 18
(a) Citation of Statute .......................................................................................... 18
(b) Jurisdictional Statement ................................................................................ 18
Local Civil Rule 10.1 Form of Pleadings........................................................................ 18
Local Civil Rule 11.1 Appearances, Substitution, and Withdrawal of Counsel ............. 18
(a) Entry of Appearance. .................................................................................... 18
(b) Notification of Change of Address. ................................................................ 18
(c) Substitution and Withdrawal. ......................................................................... 18
Local Civil Rule 11.2 Sanctions ..................................................................................... 19
(a) Imposition ...................................................................................................... 19
(b) Types of Sanctions........................................................................................ 19
Local Civil Rule 15.1 Motions to Amend Pleadings ....................................................... 20
Local Civil Rule 16.1 Pretrial Procedures ...................................................................... 20
(a) Matters Exempted from Standard Pretrial Procedures .................................. 20
(b) Pretrial Scheduling and Planning Report ...................................................... 20
(c) Standard Pretrial Procedures and Times ...................................................... 21
(d) Scheduling Cases for Trial ............................................................................ 21
(e) Notice of Related Case ................................................................................. 21
(f) Magistrate Judges .......................................................................................... 22
Local Civil Rule 16.2 Alternative Dispute Resolution ..................................................... 22
(a) Policy Favoring Settlement by Alternative Dispute Resolution ...................... 22
(b) Alternative Dispute Resolution Processes..................................................... 22
Local Civil Rules for the District of Alaska
Effective January 1, 2023
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(c) Motion for ADR .............................................................................................. 22
(d) Conduct of Judicial Settlement Conference .................................................. 22
Local Civil Rule 16.3 Administrative Agency Appeals ................................................... 23
(a) Applicability ................................................................................................... 23
(b) Agency Record.............................................................................................. 23
(c) Briefing Schedule .......................................................................................... 24
Local Civil Rule 26.1 Discovery ..................................................................................... 24
(a) Motions for Protective Orders........................................................................ 24
(b) Filing of Conference Report .......................................................................... 24
Local Civil Rule 30.1 Audio-Visual Depositions ............................................................. 24
Local Civil Rule 32.1 Use of Depositions in Court Proceedings .................................... 24
Local Civil Rule 33.1 Excess Interrogatories ................................................................. 25
(a) Duty to Answer .............................................................................................. 25
(b) Response to Excess Interrogatories ............................................................. 25
Local Civil Rule 35.1 Physical and Mental Examinations .............................................. 25
Local Civil Rule 36.1 Requests for Admission ............................................................... 25
Local Civil Rule 37.1 Discovery Motions/Duty to Confer ............................................... 25
Local Civil Rule 38.1 Jury Demand ............................................................................... 25
Local Civil Rule 39.1 Final Pretrial Conference ............................................................. 26
Local Civil Rule 39.2 Trial Briefs ................................................................................... 26
(a) Time for Filing. .............................................................................................. 26
(b) Length and Format. ....................................................................................... 26
Local Civil Rule 39.3 Trial Exhibits ................................................................................ 26
(a) Marking Exhibits and Exhibit List................................................................... 26
(b) Exhibit Exchange; Filing of Exhibits and Depositions .................................... 26
(c) Exhibit Use During Trial ................................................................................. 27
(d) Other Evidentiary Proceedings...................................................................... 27
(e) Digital Evidence Presentation Systems (DEPS)............................................ 27
Local Civil Rule 39.4 Opening Statements/Use of Exhibits ........................................... 27
Local Civil Rules for the District of Alaska
Effective January 1, 2023
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Local Civil Rule 39.5 Contact with Trial Jurors .............................................................. 27
(a) Before or During Trial .................................................................................... 27
(b) After Trial....................................................................................................... 27
(c) Notice ............................................................................................................ 27
Local Civil Rule 40.1 Scheduling Cases for Trial ........................................................... 28
(a) Scheduling Order .......................................................................................... 28
(b) Certification Order ......................................................................................... 28
Local Civil Rule 40.2 Continuance of Trial..................................................................... 28
Local Civil Rule 41.1 Dismissal of Actions..................................................................... 28
Local Civil Rule 47.1 Jury Selection .............................................................................. 28
Local Civil Rule 51.1 Jury Instructions........................................................................... 28
(a) Meeting of Parties ......................................................................................... 28
(b) Time for Filing ............................................................................................... 28
(c) Form .............................................................................................................. 28
Local Civil Rule 54.1 Taxation of Costs ......................................................................... 29
(a) Time to File/Waiver ....................................................................................... 29
(b) Contents of Bill of Costs ................................................................................ 29
(c) Objections to Bill of Costs.............................................................................. 29
(d) Taxation of Costs/Review by Court ............................................................... 29
(e) Taxable Costs ............................................................................................... 29
Local Civil Rule 54.2 Award of Attorney’s Fees ............................................................. 30
Local Civil Rule 55.1 Entry of Default and Default Judgment ........................................ 30
(a) Entry of Default ............................................................................................. 30
(b) Judgment Following Default .......................................................................... 30
Local Civil Rule 58.1 Judgments ................................................................................... 31
(a) Timing ........................................................................................................... 31
(b) Service .......................................................................................................... 31
(c) Prejudgment Interest ..................................................................................... 31
Local Civil Rule 58.2 Satisfaction of Judgments ............................................................ 31
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Effective January 1, 2023
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(a) Acknowledgment of Satisfaction ................................................................... 31
(b) Partial Satisfaction ........................................................................................ 31
Local Civil Rule 67.1 Deposit of Funds in the Registry Account .................................... 32
(a) Receipt of Funds ........................................................................................... 32
(b) Investment of Registry Funds........................................................................ 32
(c) Fees and Taxes............................................................................................. 33
(d) Disbursement of Registry Funds ................................................................... 33
Local Civil Rule 68.1 Settlements and Judgments in Favor of a Minor.......................... 34
(a) Authority to Settle a Minor’s Claim ................................................................ 34
(b) Settlements ................................................................................................... 34
(c) Judgments ..................................................................................................... 34
(d) Non-Resident Parents and Guardians .......................................................... 34
Local Civil Rule 77.1 Orders and Judgments by the Clerk ............................................ 35
Local Civil Rule 77.2 Court Library ................................................................................ 35
Local Civil Rule 79.1 Official Record ............................................................................. 35
Local Civil Rule 79.2 Books and Records of the Clerk; Access and Copies .................. 35
(a) Clerk’s Custody ............................................................................................. 35
(b) Access to Public Records; Copies ................................................................ 36
(c) Pro Se Materials ............................................................................................ 36
Local Civil Rule 80.1 Record of Proceedings ................................................................ 36
(a) Manner of Reporting Proceedings ................................................................. 36
(b) Preparation of Official Record—Transcripts, Tape Recordings ..................... 37
(c) Fees—Transcripts, Tape Recordings ............................................................ 37
Local Civil Rule 81.1 Applicability .................................................................................. 37
Local Civil Rule 83.1 Attorneys ..................................................................................... 37
(a) Eligibility ........................................................................................................ 37
(b) Procedure for Admission ............................................................................... 38
(c) Appearance by Volunteer Pro Bono Attorney in Civil Cases ......................... 38
(d) Out of State Attorneys ................................................................................... 38
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Effective January 1, 2023
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(e) Attorneys Not Subject to Pro Hac Vice Fees ................................................. 39
(f) Disbarment, Suspension, and Reinstatement ................................................ 39
(g) Contact with Trial Jurors................................................................................ 39
(h) Professional Conduct .................................................................................... 39
(i) Current Address ............................................................................................. 39
Local Civil Rule 83.2 Student Practice Rule .................................................................. 40
(a) General ......................................................................................................... 40
(b) Eligibility ........................................................................................................ 40
(c) Duties of Supervising Attorney ...................................................................... 40
(d) Dean’s Certification ....................................................................................... 41
(e) Scope of Functions ....................................................................................... 41
(f) Exceptions...................................................................................................... 41
Local Civil Rule 83.3 Photographs, Video or Audio Recorders, Broadcasts .................. 41
Local Civil Rule 84.1 Forms .......................................................................................... 41
Local Civil Rule 86.1 Amendments to Local Rules ........................................................ 41
Local Civil Rules for the District of Alaska
Effective January 1, 2023
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Local Civil Rule 1.1 Scope and Purpose of Local Rules/Definitions/Civility
(a) Scope and Purpose
(1) Each Local Civil Rule addresses the same subject as the corresponding Federal
Rule of Civil Procedure (“Fed. R. Civ. P.”).
(2) These Local Civil Rules supplement the Federal Rules of Civil Procedure and
must be construed consistent with those rules to promote the just, efficient, and
economical determination of every action and proceeding.
(3) All parties, including self-represented parties, must comply with these Local Rules
and the Federal Rules of Civil Procedure. References in these rules to “counsel” or
“attorneys” also refer to self-represented parties.
(4) The court may by order entered on its own initiative or on motion, change,
dispense with, or waive any of these Local Civil Rules in the interest of justice.
(b) Definitions
The following definitions apply:
(1) “Clerk” refers to the Clerk of Court or a deputy clerk designated to act in the
clerk’s capacity.
(2) “CM/ECF” refers to the electronic filing system used by the United States District
Court for the District of Alaska.
(3) “Court’s website” refers to the internet address for the United States District Court
for the District of Alaska: http://www.akd.uscourts.gov.
(4) “Electronic Filing Procedures Guide” refers to the United States District Court for
the District of Alaska’s Electronic Filing Procedures Guide available on the court’s
website.
(5) “Filed conventionally” refers to physically filing a document (i.e. a paper copy) or
other item (such as a thumb drive or other physical exhibit) directly with the Clerk,
rather than filing electronically via CM/ECF.
(6) “Judge” refers to:
(A) any United States District Judge or other judicial officer acting in a matter
assigned to a United States District Judge;
(B) any full-time or part-time United States Magistrate Judge; and
(C) when these rules apply to bankruptcy proceedings, to a United States
Bankruptcy Judge or other judicial officer acting in a matter assigned to a United
States Bankruptcy Judge.
Local Civil Rules for the District of Alaska
Effective January 1, 2023
Page 1
(7) “Sealed documents” are documents viewable only by case participants. See
Local Civil Rule 7.3(f).
(8) “Stricken documents” refer to:
(A) “documents stricken from the record”: documents that the court has ordered
stricken from the record. The document is referenced on the docket with the
notation "STRICKEN" at the beginning;
(B) “documents stricken and removed from the record”: documents that the court
has ordered stricken from the record and, additionally, has directed the clerk to
remove from the record. Removing a document from the record means that it has
been deleted from the court's server and is no longer available for viewing. The
docket text remains on the docket with the notation "STRICKEN AND REMOVED
FROM THE RECORD;" and
(C) discovery documents refused by the clerk pursuant to Fed. R. Civ. P. 5(d)(1).
The refusal must be referenced in the docket.
(c) Civility
(1) Parties and their lawyers must treat all persons involved in the legal process with
courtesy and respect.
(2) Parties and their lawyers must take particular care to avoid treating persons
discourteously or disrespectfully because of the person’s race, gender, or other
personal characteristic.
(3) Parties and their lawyers must work cooperatively to achieve the purpose of these
rules.
(4) Parties and their lawyers must advocate with candor and fairness and at all times
conform to applicable codes and rules of ethics and professional responsibility.
Local Civil Rule 1.2 Access and Citation to Local Rules
(a) Availability
The Local Civil Rules and pertinent Miscellaneous General Orders (MGOs) will be kept
available for inspection and copying at:
(1) the federal law library in Anchorage;
(2) the clerk’s office in Anchorage, Fairbanks, Juneau, Ketchikan, and Nome during
regular office hours; and
(3) the court’s website.
Local Civil Rules for the District of Alaska
Effective January 1, 2023
Page 2
(b) Amendments
(1) Notice of proposed amendments to the Local Civil Rules informing the public of
the opportunity to comment will be posted for a reasonable period on the court’s
website and provided to the Alaska Bar Association.
(2) Notice of amendments to the Local Civil Rules will be posted on the court’s
website and provided to the Alaska Bar Association.
(c) Official Rules
The Local Civil Rules as posted on the court’s website are the official Local Rules.
(d) Citation
The Local Civil Rules may be cited as L.Civ.R.
Local Civil Rule 3.1 Commencement of an Action
(a) Civil Cover Sheet
Every civil action initiated in or removed to the United States District Court for the District
of Alaska must be accompanied by a completed Civil Cover Sheet, Form JS44, available
on the court’s website and at the clerk’s office.
(b) Identification of Related Cases
The Civil Cover Sheet must list all related cases, open or closed, in this or any other
federal or state court, of which the filer is aware. Cases are related when they:
(1) concern substantially the same parties, claims, property, transaction, events, or
substantially identical facts and legal issues; and
(2) are likely to create an unduly burdensome duplication of labor and expense or the
potential for conflicting results if assigned to different judges.
Plaintiff must also file a Notice of Related Cases pursuant to Local Rule 16.1(e).
(c) Fees/Waiver of Fees
(1) All fees required by law must be paid at the time of filing a complaint or other
document for which a fee is required, except for parties seeking to proceed in forma
pauperis under 28 U.S.C. § 1915.
(2) The schedule of fees will be posted on the court’s website and at the clerk’s office.
(3) Applications to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 must be
fully completed and signed before an application to waive prepayment of fees will be
considered. Prisoners must include a certified copy of their prison trust account
statement, dating back six months. The clerk’s office will provide all necessary forms.
Local Civil Rules for the District of Alaska
Effective January 1, 2023
Page 3
(4) Refunds of duplicate filing fees made via electronic filing and payment are
considered pursuant to Miscellaneous General Order 12-02.
(d) Case Assignment
Unless otherwise ordered:
(1) upon commencement of a case and upon any subsequent recusal, all actions,
causes, and proceedings in this district must be randomly assigned to the judges.
(2) related cases that are consolidated pursuant to Fed. R. Civ. P. 42 will be assigned
to the judge assigned to the case first filed.
Local Civil Rule 3.2 Venue
(a) Venue within the District of Alaska
An action in which venue is proper in the United States District Court for the District of
Alaska may be initiated in or removed to any of the 5 court locations specified in 28
U.S.C. § 81A.
(b) Transfer of Removed Actions
When an action that is initiated in state court is removed to federal court, the removed
action will proceed in:
(1) the court location in the same Alaska judicial district as the original state court
action; and
(2) if possible, the same city as the original state court action.
(c) Intra-District Transfer
On motion of a party or on its own initiative, the court may transfer a case to another
court location within the District of Alaska for some or all purposes.
Local Civil Rule 4.1 Summons A summons presented to the court for issuance must
be complete in all respects, except for the date of issuance, the defendant’s address if
unknown, and the signature of the clerk.
Local Civil Rule 5.1 Electronic Service and Filing
(a) Electronic Filing Procedures
(1) The filing of documents in electronic format and the payment of fees must be in
accordance with this rule and the CM/ECF Electronic Filing Procedures Guide
available on the court’s website.
Local Civil Rules for the District of Alaska
Effective January 1, 2023
Page 4
(2) The filing of documents in accordance with CM/ECF System Procedures
constitutes entry on the docket under the Federal Rules of Civil and Criminal
Procedure.
(b) Electronic Filing Upon Payment of Fees
An electronic filing is deemed filed on the date all fees required by law are received by
the clerk’s office. Any fee not paid electronically must be mailed or hand delivered to the
clerk’s office.
(c) Notice of Electronic Filing and Proof of Service
(1) Notice to Filing Party. Whenever a document is filed electronically in accordance
with CM/ECF System Procedures, the System will automatically generate a "Notice of
Electronic Filing" by electronic means at the time of docketing.
(2) Effect of Notice. Except in the case of documents first filed conventionally and
subsequently submitted electronically, a document filed electronically is deemed filed
on the date at the time stated on the Notice of Electronic Filing.
(3) Proof of service on the parties by electronic means or by mail is documented by
the “Notice of Electronic Filing” in the CM/ECF System.
(4) Sealed Filings. A document filed SEALED must be served on the opposing party
by other appropriate means (e.g., email, conventional service) as SEALED filings are
not served via CM/ECF and no Notice of Electronic Filing is generated. Proof of other
means of service must be reflected in the Certificate of Service.
(d) Attorneys Required to Use CM/ECF
Unless exempted, each attorney appearing in a matter before the District of Alaska must
participate in the CM/ECF system. Attorneys may be exempted from participating in the
CM/ECF system on motion for good cause shown, to be determined by the Chief Judge.
(e) Signatures
(1) Registered User
(A) A signature block on an electronically filed document by a registered user of the
CM/ECF System constitutes the signature of the user for all purposes for which a
signature is required in connection with proceedings before the court.
(B) A registered user may, if authorized to so do by another person, sign a
document that is to be filed electronically on behalf of that other person as follows:
“James Smith for Jane Doe.” Proof of service of the document on the person who
authorized such signature is required.
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Effective January 1, 2023
Page 5
(2) Court Orders. A signature block placed on an electronically filed order or other
document by, or at the direction of, a judge or the Clerk of Court constitutes the
signature of the court official.
(3) Other Documents. The signature page of any electronically filed document not
governed by paragraph (1) or (2) must bear a digitally imaged (scanned) original
signature.
(4) Objections to Signatures. Any objection to a signature on an electronically filed
document must be served on the filing party and filed with the court not later than 14
days after the document is served.
(f) Filing of Related Documents
Except as otherwise provided in these rules:
(1) documents that are related to a motion or other filing that are filed at the same time
as the motion or other filing (e.g., a proposed order, a supporting affidavit or
declaration, and exhibits) must be filed as attachments to the main document under
the same docket number, and not as separate docket entries (i.e. at Docket 47-1 to the
main motion at Docket 47, and not at Docket 48); and
(2) if a party seeks to address two motions in a single filing (e.g., an opposition to
summary judgment and a cross-motion for summary judgment), a separate filing for
each document must be made. However, the second filing may simply indicate that it
incorporates by reference the first filing, and need not duplicate the first filing in its
entirety.
Local Civil Rule 5.2 Service of Orders and Other Documents by the Court
(a) Unless otherwise ordered, the court will serve all orders and other court documents
either:
(1) electronically to attorneys participating in the CM/ECF system; or
(2) by mail to self-represented parties and attorneys exempted from the CM/ECF
system.
(b) Entry of a court document in accordance with CM/ECF System Procedures
constitutes entry on the docket under the Federal Rules of Civil and Criminal
Procedure.
(c) Routine orders may be issued as “text-only” on the docket, without an attached
document.
Local Civil Rules for the District of Alaska
Effective January 1, 2023
Page 6
Local Civil Rule 5.3 Other Means of Filing and Service
(a) Filing and Service for non-CM/ECF Users
A party filing documents conventionally must file and serve documents in the manner
provided for in the Federal Rules of Civil Procedure, including Fed. R. Civ. P. 5, 5.2, and
6, and Local Civil Rule 7.5(a). When practical, conventionally filed documents will be
converted into electronic records by the Clerk. When filed electronically, the electronic
record is the official record pursuant to Fed. R. Civ. P. 79.
(b) Inmate Filing and Service
(1) A document filed or served by an inmate confined in an institution is deemed filed
or served when deposited in the institution’s internal mail system.
(2) Filing or service of a document by an inmate confined in an institution must be
shown by a notarized statement or declaration under 28 U.S.C. § 1746, setting forth
the date of deposit and stating that first-class postage has been pre-paid or that the
inmate has taken the required steps to have prison officials affix postage.
(3) For purposes of calculating response times under these rules and the Federal
Rules of Civil Procedure, the postmark date shall be the date of service by mail and
not the date that the inmate deposited the document in the prison’s internal mail
system.
(c) Facsimile and Email Filing
(1) The Court does not accept filing by facsimile.
(2) Documents must not be filed by e-mail unless specifically authorized in advance
by the court or clerk’s office.
Local Civil Rule 7.1 General Motion Practice
(a) Motions and Oppositions
All written motions and oppositions must include:
(1) a brief statement of the requested relief;
(2) a brief discussion of applicable points and authorities; and
(3) supporting admissible evidence with deposition evidence restricted to relevant
excerpts. Evidence unsuitable for electronic filing must be filed conventionally in
accordance with Local Civil Rule 7.3(c).
Local Civil Rules for the District of Alaska
Effective January 1, 2023
Page 7
(b) Proposed Orders
(1) Dispositive Motions. A proposed order does not need to be filed with a motion
to dismiss made under Fed. R. Civ. P. 12, or a motion for summary judgment under
Fed. R. Civ. P. 56.
(2) Non-Dispositive Motions. A proposed order must be filed with all non-
dispositive motions and oppositions to the motion.
(3) Form of Proposed Order
(A) A proposed order must be self-explanatory and must not require a review of
the motion to understand the order.
(B) If the proposed order is for an extension of time or modification of deadlines, it
must include a date certain by which the matter sought to be extended will be
accomplished. See also Local Civil Rule 7.3(b).
(C) The name of the presiding judge for the case must be typed immediately
under a signature line.
(c) Replies
Reply memoranda are optional and restricted to rebuttal of factual and legal arguments
raised in the opposition.
(d) Supplemental Materials
Supplemental briefing and factual materials will be permitted only as follows:
(1) if pertinent and significant legal authorities come to a party’s attention after the
party’s last brief has been filed, or after oral argument but before decision, a party
may promptly advise the court by filing and serving a notice setting forth the citations.
The notice must state the reasons for the supplemental citations, referring either to
the page(s) of the briefing or to a point argued orally. The notice must not exceed
350 words. Any response must be filed and served within 7 days of the notice, and
must be similarly limited.
(2) after briefing of a motion is complete, supplementation of factual materials may
occur only by motion for good cause. The motion must have the proposed factual
materials attached as an exhibit and address the reasons earlier filing was not
possible or their relevance was not appreciated. Such motions will not routinely be
granted.
(e) Multiple Motions
Except for alternative requests for relief or as otherwise provided by rule or order of the
court, each motion must be filed separately. See also Local Civil Rule 5.1(f)(2).
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Effective January 1, 2023
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(f) Requests for Oral Argument
Oral argument is discretionary and must be requested either by placing “Oral Argument
Requested” immediately below the title of a motion or the response to a motion or by
separate filing within 5 days of the last filing pertaining to a motion. An oral argument is
not an evidentiary hearing.
(g) Motions for Evidentiary Hearing
A party may move for an evidentiary hearing on a motion within 5 days of the last filing
pertaining to the motion. The motion, and any responses to the motion, must include a
list of proposed witnesses, summary of anticipated testimony from each witness, and an
estimate of required time, including anticipated cross examination.
(h) Failure to Oppose Motions
The failure to respond to a non-dispositive motion as required by this rule subjects the
motion to summary ruling by the court and may be deemed an admission that the motion
is well taken.
(i) Digital Evidence Presentation System (DEPS)
Each party seeking to use DEPS at an oral argument, evidentiary hearing, or trial must:
(1) contact the clerk’s office to arrange for any necessary training. More information
regarding training opportunities is available on the court’s website; and
(2) file a notice of intent to use DEPS that includes the date and location of the court
proceeding not less than 7 days in advance of the proceeding.
Local Civil Rule 7.2 Time Limits for Motions, Oppositions, and Replies
Unless otherwise ordered by the court, or provided by statute or rule:
(a) Time limits for filing certain pretrial motions can be found in Local Civil Rule 16.1(c).
(b) Time limits for responding to motions are as follows:
(1) oppositions to motions brought under Fed. R. Civ. P. 12(b), 12(c), or 56 must be
filed and served within 21 days of service of the motion; oppositions to all other
motions must be filed within 14 days of service; and
(2) if filed, reply memoranda for motions under Fed. R. Civ. P. 12(b), 12(c), or 56
must be filed and served within 14 days; replies for all other motions, if filed, must be
filed within 7 days of service of the opposition.
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Effective January 1, 2023
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Local Civil Rule 7.3 Specific Motions
(a) Motion for Expedited Consideration
A party may request expedited consideration of a motion by filing a separate motion that
specifies the date on which a decision on the principal motion is needed.
(1) The motion must be supported by:
(A) a declaration or affidavit showing good cause for a determination on expedited
consideration, including any efforts to resolve the matter between the parties and
the respective positions of each party; and
(B) proof of immediate service of the motion on other parties or a declaration or
affidavit explaining why such service was not possible.
(2) The party filing the motion must immediately advise the clerk’s office of the filing
as provided in the CM/ECF Electronic Filing Procedures Guide.
(3) The clerk’s office will immediately bring the motion to the judge’s attention so that
the judge may decide whether expedited consideration of the principal motion is
warranted.
(b) Unopposed Motion for Extension of Time
When all parties agree, an unopposed motion for extension of time may be filed. The
motion must state the reason(s) for the extension and certify that all parties consent to
the extension. See also Local Civil Rule 7.1(b)(3)(B).
(c) Conventional Filing for Registered CM/ECF Users
If an exhibit cannot be filed electronically, a party may file it conventionally as follows:
(1) A “Notice of Filing Conventional Materials” must be filed electronically in the case,
including a brief description of the materials.
(2) The filer must include a page in the appropriate place sequentially in the electronic
document to which the exhibit pertains, with a conspicuous notation in the middle of
the page “Exhibit (insert brief description of the exhibit) to be filed conventionally.”
(3) When an exhibit is filed conventionally, two copies of the exhibit must be delivered
to the clerk’s office. One copy will be retained by the clerk’s office as part of the
official court file, the other copy will be forwarded to chambers.
(d) Motion for Judicial Notice
Requests that the court take judicial notice pursuant to Federal Rule of Evidence 201
must be made in a separate motion.
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Effective January 1, 2023
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(e) Motion to File Ex Parte (seeking to prevent all other parties and the public from
accessing a document)
(1) Except as otherwise provided, leave of court is required prior to the ex parte filing
of any document.
(2) A motion to file a document ex parte must:
(A) set forth the basis for ex parte filing;
(B) file the document that is the subject of the motion as an attachment to the
motion; and
(C) set forth the duration that the filed document should remain ex parte.
(3) A motion to file a document ex parte may be filed ex parte without a prior court
order.
(4) Unless otherwise ordered by the court, if a motion to file a document ex parte is
denied, the motion and attachment will be stricken but a public docket entry that the
motion was filed will be entered.
(5) If the motion to file ex parte is granted, the ex parte document should be filed by
the moving party.
(f) Motion to File Under Seal (seeking to prevent the public, but not the parties,
from accessing a document)
(1) Except as otherwise specifically provided by statute, court rule, case law, or
published policy and procedures, a document must not be filed under seal without
first obtaining leave of the court.
(2) A motion to file a document under seal must:
(A) be docketed in the public record;
(B) be supported by a declaration or affidavit that is separately docketed and filed
under seal that must:
(i) state the basis for sealing the document;
(ii) identify the filings associated with the document;
(iii) certify that filing the document with redaction is not practicable; and
(iv) include as an attachment a copy of the document that is proposed to be
filed under seal.
(3) A document to be filed under seal that the court has allowed to be filed
conventionally must include a cover sheet displaying the notation “DOCUMENT
FILED UNDER SEAL.”
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Effective January 1, 2023
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(4) The proposed order authorizing the filing of a document under seal must:
(A) specifically identify the document to be filed under seal; and
(B) state the basis for filing the document under seal.
(5) If a motion to file under seal is not granted in full, the filed document may not be
filed under seal.
(6) If a motion to file under seal is granted, the filed document may be filed under
seal by the moving party.
(7) The court may order the unsealing or redaction of any sealed document for the
public record.
(8) Where a filing consists of multiple documents, e.g., exhibits to a motion, only
those documents that contain material subject to non-disclosure to the public may be
filed under seal; all other parts of the filing must be filed as part of the public record.
(9) An order authorizing filing a document under seal in a protective order or in
connection with a non-dispositive motion will not be considered or construed as
authorization to file the document under seal in connection with a dispositive motion,
hearing, or trial, unless:
(A) specifically so stated in the order; and
(B) the order sets forth the compelling reasons justifying sealing the document.
(10) Service of SEALED filings is governed by Local Civil Rule 5.1(c).
(g) Motion to Submit Documents for In Camera Review (seeking to provide a
document for review only by the presiding judge)
(1) Except as otherwise specifically provided by statute, court rule, case law, or
published policy and procedures, a document must not be submitted to the court for
in camera review without first obtaining leave of the court.
(2) A motion to submit a document in camera may be filed under seal without prior
court order and shall be supported by a declaration or affidavit that is separately
docketed and filed under seal that must:
(A) identify the document(s) proposed to be reviewed in camera; and
(B) state the basis for in camera review.
(3) If granted, all documents that are submitted in camera shall, within 7 days, be filed
via CM/ECF using the “Ex Parte Document” event. A courtesy copy also shall be
delivered to the presiding judge’s chambers in a sealed envelope conspicuously
marked “Submitted In Camera” and containing the following information on the
envelope:
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(A) the case caption and case number; and
(B) the name of the presiding judge.
(4) After completing the in camera inspection, the court will cause the courtesy
copies either to be destroyed or returned to the offering party with appropriate
instructions.
(h) Motion for Reconsideration
(1) A court ordinarily will deny a motion for reconsideration absent a showing of one
of the following:
(A) manifest error of the law or fact;
(B) discovery of new material facts not previously available; or
(C) intervening change in the law
(2) A motion for reconsideration is limited to 5 pages, and must be filed and served:
(A) not later than 7 days after the entry of the order, for motions asserted under
subsection (1)(A); or
(B) within 14 days of the discovery or change in law, for motions asserted under
subsections (1)(B) or (1)(C).
(3) No response to a motion for reconsideration may be filed unless requested by the
court. Unless otherwise ordered, a response must be filed within 7 days of entry of
the order requesting a response and is limited to 5 pages.
(4) No reply may be filed unless requested by the court. Unless otherwise ordered, a
reply must be filed within 7 days of the order requesting a reply and is limited to 5
pages.
(5) A motion seeking relief from or amendment of an appealable order or judgment
must be filed pursuant to Federal Rule of Civil Procedure 59 or 60.
(i) Motion for Telephonic Participation
The court may allow parties, counsel, or witnesses, to participate telephonically in any
court proceeding, including trial, for good cause and in the absence of substantial
prejudice to any party.
(j) Motion to File Late Document
(1) A document may be filed after the time for filing has lapsed only by leave of the
court.
(2) Leave of court must be obtained by motion and, unless otherwise ordered, no
opposition to the motion shall be filed.
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(3) The motion must set forth:
(A) that the moving party has conferred with the other party(ies) to the case and
whether the motion is opposed;
(B) the date the document was due; and
(C) whether any previous extensions had been granted to file the document.
(4) The motion must be accompanied by:
(A) an affidavit or declaration stating the reasons for seeking leave to file the
document late; and
(B) a copy of the document proposed to be filed.
Local Civil Rule 7.4 Document Management
(a) Page/Word Limits
Unless otherwise ordered, motions, oppositions, and replies must be either page or word
limited.
(1) For motions brought under Fed. R. Civ. P. 12(b), 12(c), and 56, motion and
opposition memoranda must not exceed 35 pages or 10,000 words, with replies not
exceeding 20 pages or 5,700 words.
(2) For all other motions, motion and opposition memoranda must not exceed 20
pages or 5,700 words, with replies not exceeding 10 pages or 2,750 words.
(3) If used, word counts must be certified at the end of the document.
(4) Page/word limits do not include the case caption, signature blocks, table of
contents, table of citations, or reproduction of statutes, rules, regulations, and
ordinances.
(b) References to Other Parts of Record
(1) A party asserting a fact must support the assertion by citing to particular parts of
materials in the record, including depositions, affidavits or declarations, stipulations,
discovery responses, or other materials.
(2) Where practical, reference to previously filed portions of the record should be
made to avoid repetition. The reference must include, when available, the document
number and page number assigned by the CM/ECF System.
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(c) Exhibits to Motions
(1) All exhibits to documents must be marked as described in Local Civil Rule 39.3
with the exhibit number or letter followed by the page number of the exhibit, e.g.,
“Ex. A, p. 1.”
(2) If more than 5 exhibits are attached, the exhibits must be preceded by a table of
contents identifying each exhibit by number and description.
(3) Exhibits filed electronically must be filed as a related document as provided in
Local Civil Rule 5.1(f)(1).
(4) For registered CM/ECF users, exhibits that cannot be electronically filed may be
filed conventionally only upon order of the court. See Local Civil Rule 7.3(c).
Local Civil Rule 7.5 Formatting of Court Filings (Exemplar follows this rule)
(a) Form in General
(1) All documents filed with the court must:
(A) be double-spaced, except quotations longer than 50 words or 5 lines should
be single-spaced and indented;
(B) have margins of at least 1 inch around all text, including footers;
(C) if more than 1 page, include at the bottom of each page:
(i) a page number; and
(ii) a footer including the case name and number;
(D) use at least 13-point, proportionally-spaced font, or the equivalent; and
(E) be without interlineation unless noted by the court, and printed or written on
only one side of the paper.
(2) Conventionally filed documents must be:
(A) on letter size (8½” by 11”) white paper of good quality; and
(B) typed or legibly written in black ink.
(3) Electronically filed documents must be:
(A) in Adobe Acrobat Portable Document Format (“.pdf”); and
(B) word searchable.
(b) Information to be Placed on First Page
The first page of each document filed with the court must contain the following
information.
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(1) Attorney’s or Party’s Name/Address.
(A) The name, address, telephone number, and e-mail address of the attorney(s)
or firm appearing for a party to an action or proceeding, or of a person appearing
without an attorney, must be typewritten or printed in the space to the left of center
of the paper beginning at least 1 inch below the top edge; or
(B) The attorney or firm’s name, address, telephone number, and e-mail address
may be printed on the left-hand margin of the paper.
(C) The attorney must identify the party the attorney represents.
(2) The title of the court is to be centered on the paper and commence not less than 1
inch below the top edge, and in any event not less than ½ inch below the name,
address, and telephone number of the attorney or person appearing without an
attorney if this appears at the top of the page as provided in paragraph (b)(1)(A).
(3) Clerk’s Filing Marks; Case Number.
(A) A space at the top right of the page must be reserved for any filing marks of
the Clerk’s office.
(B) The case number should be included below the title of the court on the right
side of the paper, including the initials of the judge assigned to the case.
(4) Title of Action or Proceeding (Case Caption).
(A) Below the title of the court and to the left of center of the page, the title of the
action or proceeding must be inserted.
(B) In the event all defendants cannot be named on the first page, the names of
defendants may appear on the second page.
(C) Except for complaints and summonses, lengthy case captions may be
reduced to indicate the first named party plaintiff and/or defendant followed by
“et al.”
(D) Unless otherwise ordered by the court, the name of a party who is terminated
as a party in the action must be removed from the caption.
(5) Title of Document. Below the title of the court and the case number, and centered
on the page, the title of the document (i.e., complaint, motion, etc.) must be inserted.
See also Local Civil Rules 7.1(f), 8.1(a), and 38.1(a).
(c) Information to be Placed on Signature Page
(1) Names and Alaska bar numbers, if applicable, are to be typed beneath signatures
to documents.
(2) An attorney must identify each party the attorney represents.
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Effective January 1, 2023
Page 16
Local Civil Rule 7.5 Exemplar
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Effective January 1, 2023
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Local Civil Rule 8.1 General Rules of Pleading
(a) Citation of Statute
A party filing a complaint, counterclaim, or cross-claim seeking relief under a specific
statute should cite the statute relied upon in parentheses immediately below the title of
the pleading.
(b) Jurisdictional Statement
The short and plain statement of jurisdictional grounds required by Fed. R. Civ. P. 8(a)
must be at the beginning of the body of the complaint, with citations to any federal
statutes or constitutional provisions upon which jurisdiction may be based.
Local Civil Rule 10.1 Form of Pleadings
The form of pleadings is governed by Local Civil Rules 7.5 and 8.1.
Local Civil Rule 11.1 Appearances, Substitution, and Withdrawal of Counsel
(a) Entry of Appearance.
(1) Filing a document on behalf of a party constitutes an entry of appearance on
behalf of the party; no separate entry of appearance is required.
(2) A non-attorney may not appear on behalf of any other person or entity.
(3) A party who has appeared by counsel may not thereafter act on the party’s own
behalf in the action unless an order of withdrawal of counsel has been entered by the
court.
(b) Notification of Change of Address.
(1) An attorney who has entered an appearance must file and serve on all parties a
notice of change of address, telephone number, and/or e-mail address within 7 days
of such change.
(2) Self-represented parties must keep the court and other parties advised of the
party’s current address and telephone number.
(3) If a court order or other mail served on a pro se plaintiff at their address of record
is returned by the Postal Service as undeliverable and the pro se party has not filed a
notice of change of address within 14 days of the service date of the order or other
court document, the court may dismiss the action with or without prejudice for failure
to prosecute pursuant to Local Civil Rule 41.1.
(c) Substitution and Withdrawal.
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(1) A motion for leave to withdraw must be accompanied by:
(A) written consent of the client;
(B) substitution of counsel and formal appearance of substituting counsel; or
(C) a showing of good cause.
(2) Any party or attorney may oppose a motion to withdraw.
(3) The court may deny the motion even if consented to or unopposed.
(4) If the withdrawal would leave the party without an attorney of record, the motion
must:
(A) provide the party's last known address and telephone number; and
(B) the attorney proposing to withdraw must arrange a hearing and give the client
at least 21 days written notice of the hearing, unless good cause is shown why a
hearing should not be required.
(5) Attorneys employed by a governmental entity may substitute as counsel without
leave of court and without written consent of the client provided all parties to the
action are immediately notified of the substitution, including the full name, mailing
address, telephone number, and e-mail address of the substituting attorney.
(6) Withdrawal of a Limited Entry of Appearance is governed by Local Civil
Rule 83.1(c).
Local Civil Rule 11.2 Sanctions
(a) Imposition
The court may impose sanctions for violations of Local Civil Rules after notice and an
opportunity to respond on the part of the person accused of a violation.
(b) Types of Sanctions
(1) Sanctions may include:
(A) fines, costs, and attorney's fees awards;
(B) establishment and preclusion orders;
(C) default;
(D) dismissal; and
(E) other appropriate sanctions.
(2) For matters of form not affecting substance or prejudicing parties or the court,
sanctions will generally be limited to fines, costs, or attorney's fees awards.
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Effective January 1, 2023
Page 19
(3) For possible violations of ethical standards, the court may refer the matter for
appropriate action to the relevant bar association(s).
Local Civil Rule 15.1 Motions to Amend Pleadings
(a) A party moving to amend a pleading must attach the proposed amended pleading as
an exhibit to the motion. The proposed amended pleading must clearly indicate how it
differs from the pleading it amends, by bracketing or striking through the text to be
deleted and underlining the text to be added. The proposed amended pleading must not
incorporate by reference any prior pleading, including exhibits.
(b) Unless otherwise ordered, the moving party must file a complete, clean copy of the
amended pleading, including exhibits, within 7 days of the order granting the motion.
Local Civil Rule 16.1 Pretrial Procedures
(a) Matters Exempted from Standard Pretrial Procedures
Unless otherwise ordered by the court, the following categories of cases are exempted
from the requirement of scheduling conferences and scheduling orders:
(1) Internal Revenue Service enforcement actions;
(2) eminent domain proceedings;
(3) bankruptcy appeals;
(4) habeas corpus petitions;
(5) Freedom-of-Information-Act actions;
(6) actions to enforce out-of-state judgments;
(7) Social Security appeals;
(8) Administrative Procedure Act appeals;
(9) actions filed by self-represented prisoners;
(10) actions in which the defendant has not been served within 90 days after the
complaint was filed; and
(11) actions to enforce ERISA plans.
(b) Pretrial Scheduling and Planning Report
Unless otherwise ordered, the report required by Fed. R. Civ. P. 26(f) must:
(1) be in a form substantially similar to AK LCF 26(f), Scheduling and Planning
Conference Report;
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(2) be signed by counsel for each party and any self-represented party; and
(3) clearly specify:
(A) those matters, if any, on which the parties have been unable to reach
agreement; and
(B) the respective positions of each party on each matter on which agreement
could not be reached.
(c) Standard Pretrial Procedures and Times
Unless otherwise ordered, the following applies to all pretrial matters.
(1) Preliminary motions, especially those raising legal issues that have the potential
for reducing necessary discovery, should be filed at the earliest time possible.
(2) Motions to amend pleadings or add parties must be filed not later than 60 days
after the date the Pretrial Scheduling Order is entered. Thereafter, a party may seek
leave of the court to modify this deadline. See Fed. R. Civ. P. 16(b)(4).
(3) Each party must maintain a record of all disclosures and discovery responses
required by the Federal Rules of Civil Procedure.
(4) The parties may, by agreement, extend the time for a party to respond to any
discovery request propounded by any other party.
(5) Final discovery witness lists must be filed not later than 45 days before the close
of discovery.
(6) The deadline for completion of discovery in the Pretrial Scheduling Order is
applicable to all depositions.
(7) Motions under the discovery rules must be filed not later than 14 days after the
close of discovery.
(8) Motions to exclude expert testimony must be filed not later than 30 days after the
close of expert discovery.
(9) Dispositive motions must be filed not later than 30 days after the close of
discovery.
(d) Scheduling Cases for Trial
See Local Civil Rule 40.1.
(e) Notice of Related Case
Whenever a party has reason to believe that a civil action is related to another matter, as
defined in Local Rule 3.1, the party must promptly file a Notice of Related Case. Other
parties have 14 days to respond to a Notice of Related Case and may file and serve a
response supporting or opposing the notice. The Notice of Related Case must include:
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Page 21
(1) the court, title, case number, and filing date of each matter believed to be related;
(2) a brief statement of the relationship; and
(3) a statement whether a common judicial assignment or consolidation is requested.
If consolidation is requested, a separate motion must be filed promptly.
(f) Magistrate Judges are authorized to issue Pretrial Scheduling Orders in cases
assigned to them by consent.
Local Civil Rule 16.2 Alternative Dispute Resolution
(a) Policy Favoring Settlement by Alternative Dispute Resolution
The court favors resolution of cases by alternative dispute resolution (ADR).
(b) Alternative Dispute Resolution Processes
(1) Early Consideration of Mediation or Settlement Conference. At an early stage in
every case, the parties must actively consider mediation or a settlement conference
to facilitate less costly resolution of the litigation.
(2) Coordination with Case Management Rules. At the meeting of parties under Fed.
R. Civ. P. 26(f) and any conference regarding case management under Fed. R. Civ.
P. 16, litigants must discuss the advisability of engaging in ADR.
(c) Motion for ADR
Upon the request of one or all parties, or on the court’s own motion, the court may order:
(1) a settlement conference before a United States district, bankruptcy, or magistrate
judge, including a senior judge or retired judge, who is not assigned to the case and
who consents to serve as settlement judge; or
(2) mediation with a privately-retained mediator agreeable to all parties.
(d) Conduct of Judicial Settlement Conference
(1) Upon appointment, the settlement conference judge will establish the timing and
other terms applicable to the settlement conference.
(2) Upon conclusion of a settlement conference, the settlement conference judge will
promptly file a report indicating whether the case has settled in whole or in part,
whether any follow up is scheduled, and any additional information that all parties
have agreed in writing should be included in the report.
(3) If the settlement conference results in a settlement, the parties must file
appropriate closing papers, or in the case of a partial settlement, papers appropriate
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to accomplish the partial settlement, within 30 days from the filing of the settlement
conference judge’s report.
Local Civil Rule 16.3 Administrative Agency Appeals
(a) Applicability
Unless otherwise ordered, this rule applies to all proceedings for judicial review
(1) under the Administrative Procedure Act, 5 U.S.C. §§ 701–706; and
(2) under the Social Security Act, 42 U.S.C. § 405 (g).
(b) Agency Record
(1) The agency must serve and file the agency record not later than 60 days after the
agency’s initial appearance as specified below:
(A) If the agency record is 5000 pages or less:
(i) the agency must serve and electronically file the agency record; and
(ii) in addition to the electronically filed copy of the agency record, the agency
must submit a paper copy of the agency record for use by the judge, which is
not part of the court record.
(B) If the agency record exceeds 5000 pages:
(i) the agency must serve the entire agency record on plaintiff and
electronically file a certified list of the contents of the agency
record with the court; the agency must also file the entire agency
record, either electronically or conventionally.
(ii) the parties must prepare an appendix containing copies of those portions of
the agency record that are cited or otherwise relied upon by the parties in their
briefs; they must not burden the appendix with excess material from the
agency record that does not relate to the issues raised in the briefs;
(iii) the parties must electronically file the appendix, as well as provide any
chamber copy required by Local Rule 5.4, not later than 14 days after the final
brief is filed; and
(iv) pages in the appendix must retain the original pagination from the
administrative record; the parties must cite to the record in their briefs using
this pagination.
(2) A motion to supplement the agency record must be filed not later than 21 days
after the agency record or certified list of its contents has been filed with the court.
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(c) Briefing Schedule
(1) Plaintiff’s opening brief must be filed not later than 30 days following the filing of
the agency record or 30 days after the court’s ruling on a motion to supplement the
agency record, whichever is later. Failure to timely file the opening brief may result in
dismissal of the appeal.
(2) Defendant’s brief in opposition must be filed not later than 30 days after plaintiff
has filed and served plaintiff’s opening brief.
(3) Plaintiff may file a reply to defendant’s brief not later than 14 days after service of
the defendant’s brief.
(4) No additional briefs may be filed without leave of the court.
(5) One extension of time of up to 14 days will be routinely granted for each brief.
Any additional extension of time requires a showing of good cause.
(6) Page and word limitations of Local Rule 7.4(a) apply.
Local Civil Rule 26.1 Discovery
(a) Motions for Protective Orders
A party filing a motion for a protective order under Fed. R. Civ. P. 26(c) must comply with
the duty to confer in Local Civil Rule 37.1(a).
(b) Filing of Conference Report
The court may require the written report outlining the discovery plan as set forth in Fed.
Rule Civ. P. 26(f)(3) to be filed within 7 days after the parties’ planning conference.
Local Civil Rule 30.1 Audio-Visual Depositions
(a) If feasible, an audio–visual deposition must depict the witness seated at a table.
(b) The direction of the camera and lens may not be varied except as necessary to follow
natural body movements of the witness or to present exhibits or describe evidence being
used during the deposition.
Local Civil Rule 32.1 Use of Depositions in Court Proceedings
(a) Parties may use depositions without orders for publication.
(b) If any party seeks to maintain confidentiality for all or any part of a deposition, the
party may move for a protective order.
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(c) A copy of each deposition that a party anticipates using in court must be provided to
the court when a copy of the exhibit list is filed. See Local Civil Rule 39.3.
Local Civil Rule 33.1 Excess Interrogatories
(a) Duty to Answer
If a party is served with more interrogatories than permitted by Fed. R. Civ. P. 33(a)(1),
the responding party must answer or object to all permitted interrogatories in the order
presented.
(b) Response to Excess Interrogatories
The responding party may either answer an excess interrogatory or object by referencing
Fed. R. Civ. P. 33(a)(1).
Local Civil Rule 35.1 Physical and Mental Examinations
A party filing a motion to compel a physical or mental examination under Fed. R. Civ.
P. 35 must either:
(a) represent that the opposing party does not object to the entry of the order; or
(b) comply with the requirements of Local Civil Rule 37.1.
Local Civil Rule 36.1 Requests for Admission
Unless otherwise stipulated or ordered by the court, a party may serve on any other party
no more than 25 requests for admission.
Local Civil Rule 37.1 Discovery Motions/Duty to Confer
The certification required by Fed. R. Civ. P. 37(a)(1) must be in the first paragraph of a
discovery motion.
Local Civil Rule 38.1 Jury Demand
If a demand for jury trial is set forth in a pleading pursuant to Fed. R. Civ. P. 38, rather
than in a separate filing, the demand must be placed conspicuously on the first page of
the pleading.
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Local Civil Rule 39.1 Final Pretrial Conference
The court may, in its discretion, schedule a final pretrial conference. Counsel who will
have primary responsibility for trying the case for each party must attend, as well as any
self-represented party. At the final pretrial conference, the court may address the
following: opening statements; limiting and defining the issues; resolving objections and
other matters related to witnesses and exhibits; resolving any pending motions; and, in
jury cases, discussing the jury selection process and jury instructions.
Local Civil Rule 39.2 Trial Briefs
(a) Time for Filing. Unless otherwise ordered, each party must file and serve a trial brief
not less than 21 days prior to the scheduled trial date.
(b) Length and Format. The brief may not exceed 25 pages and must contain:
(1) a listing by docket number of the operative complaint and each substantive pre-
trial order;
(2) a description of each claim that is at issue for the trial, together with a summary,
by claim, of the anticipated evidence;
(3) a discussion of relevant legal authority; and
(4) a summary of anticipated evidentiary issues.
Local Civil Rule 39.3 Trial Exhibits
(a) Marking Exhibits and Exhibit List
Exhibits must be marked using court-approved labels. The parties must agree on a
numbering convention for identifying exhibits. Individual pages of each exhibit must be
numbered. Each exhibit must be identified in an exhibit list on a court-approved form.
(b) Exhibit Exchange; Filing of Exhibits and Depositions
(1) At least 14 days before trial the parties must:
(A) physically or electronically exchange Trial Exhibits and Lists; and
(B) confer regarding stipulations as to authenticity, admissibility, and minimization
of duplicate exhibits.
(2) At least 7 days before trial each party must file its Trial Exhibit List identifying
stipulations as to authenticity and admissibility.
(3) Unless otherwise ordered, copies of each party’s exhibits and each deposition a
party anticipates using at trial must be delivered to the Clerk for the judge’s use at
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trial with the filing of the Trial Exhibit List. The copy must contain a cover page listing
the exhibits and the exhibits must be separated by tabs.
(c) Exhibit Use During Trial
(1) Exhibits are not admitted until ordered by the court.
(2) Each party must maintain custody of its exhibits to allow use by all parties.
(3) Prior to jury deliberations, the courtroom deputy shall ensure that only admitted
exhibits are presented to the jury.
(4) At the conclusion of trial, unless otherwise ordered, custody of exhibits will be
returned to the parties for preservation until final disposition.
(d) Other Evidentiary Proceedings
The court may apply this rule to evidentiary proceedings other than trials.
(e) Digital Evidence Presentation Systems (DEPS)
See Local Civil Rule 7.1(i).
Local Civil Rule 39.4 Opening Statements/Use of Exhibits
Exhibits must not be displayed during opening statements unless leave has been
granted or the court has admitted the exhibit into evidence.
Local Civil Rule 39.5 Contact with Trial Jurors
(a) Before or During Trial
No party, attorney, or other interested person may contact or communicate with, directly
or indirectly, any juror, prospective juror, or member of such juror's or prospective juror's
family.
(b) After Trial
After the jury concludes its deliberations and is discharged, a party, attorney, or other
interested person may communicate with a juror who first initiates contact. Unless
otherwise ordered, no party, lawyer, investigator, or other agent for a party shall attempt
to initiate contact with any trial juror, including any alternate juror. Jurors are free to, but
are under no obligation to, discuss the trial in which the juror has been a participant.
(c) Notice
Subsections (a) and (b) will be posted in the jury rooms of this District and jurors will be
instructed fully as to this matter.
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Local Civil Rule 40.1 Scheduling Cases for Trial
(a) Scheduling Order
Trial scheduling shall be addressed in the Local Civil Rule 16.1 Scheduling Order either
by a date certain or following a Certification Order.
(b) Certification Order
If a trial date has not been scheduled, then upon the later of the deadline for filing
dispositive motions or rulings on such motions, the court will order the parties to certify
the case as ready for trial and advise as to their availability for trial, or report as to the
actions necessary for the case to be ready for trial.
Local Civil Rule 40.2 Continuance of Trial
Motions for continuance of trial must be supported by a showing of good cause. The
motion shall include the proposed length of the continuance.
Local Civil Rule 41.1 Dismissal of Actions
Failure to prosecute or to otherwise comply with the Federal Rules of Civil Procedure,
the Local Civil Rules, or with any court order may result in imposition of sanctions
authorized by law, including dismissal.
Local Civil Rule 47.1 Jury Selection
Unless otherwise ordered, proposed questions for potential jurors must be filed 7 days
prior to trial. See also Local Civil Rule 39.1.
Local Civil Rule 51.1 Jury Instructions
(a) Meeting of Parties
Unless otherwise ordered, no later than 21 days before trial, the parties must meet and
confer on jury instructions.
(b) Time for Filing
Unless otherwise ordered, the parties must file proposed jury instructions no later than
14 days before trial. The parties may file joint instructions on which the parties agree.
(c) Form
(1) A party may simply reference a Ninth Circuit Model Jury Instruction if no
modification is requested.
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(2) All other proposed instructions must:
(A) be numbered consecutively;
(B) indicate the party requesting the instruction;
(C) address only one subject each; and
(D) state the legal authority on which it relies.
Local Civil Rule 54.1 Taxation of Costs
(a) Time to File/Waiver
A bill of costs must be filed and served no later than 14 days after entry of judgment or
an applicable order. Otherwise, claims for costs are waived.
(b) Contents of Bill of Costs
See Bill of Cost Form AO 133. A bill of costs, supported by invoices and other relevant
materials, must be filed in CM/ECF.
(c) Objections to Bill of Costs
Objections must be filed and served within 7 days of filing the bill of costs.
(d) Taxation of Costs/Review by Court
Unless requested by the Clerk, costs will be decided with no hearing. A party
disagreeing with the Clerk’s decision must file a motion seeking review by the court
within 7 days of the decision.
(e) Taxable Costs
See 28 U.S.C. § 1920 et seq. and commentary to Fed. R. Civ. P. 54. Taxable costs
include:
(1) marshal fees, see 28 U.S.C. § 1921 and other reasonable service of process fees;
(2) transcripts when prepared pursuant to stipulation or order;
(3) reasonable deposition costs, including transcript and interpreter’s fee;
(4) non-party witness fees, mileage, and subsistence, including parties subpoenaed
by adverse parties; see 28 U.S.C. § 1821;
(5) interpreter fees;
(6) reasonable cost of copying and exhibit preparation, excluding demonstrative
exhibits;
(7) docket fees; see 28 U.S.C. § 1923;
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(8) fees for masters, receivers, and commissioners ordered by the court;
(9) state court filing fees for removal jurisdiction actions;
(10) postage; and
(11) other costs specifically required by court order.
Local Civil Rule 54.2 Award of Attorney’s Fees
A motion for attorney’s fees under Fed. R. Civ. P. 54(d)(2) must:
(a) state the amount requested;
(b) set forth the authority for the award, whether a federal statute, Alaska Rule of Civil
Procedure 82, a contractual provision, or other grounds; and
(c) be accompanied by a declaration or affidavit that demonstrates the
reasonableness of the requested award and includes:
(1) the total number of hours worked and billing rate for each lawyer and
paraprofessional;
(2) the customary fee charged in similar matters in the District of Alaska;
(3) the amount charged to the client, if any; and
(4) itemized billing records.
Local Civil Rule 55.1 Entry of Default and Default Judgment
(a) Entry of Default. Motions for entry of default must include proof of service of the
complaint per Fed. R .Civ. P. 4 and notice to appearing parties.
(b) Judgment Following Default.
(1) Attorney’s Fees. For purposes of Fed. R. Civ. P. 55(b)(1), a claim for
“reasonable attorney’s fees” is not a claim for a sum certain.
(2) Supporting Evidence. Motions for judgment following entry of default must be
supported by declarations and evidence establishing the right to relief, including but
not limited to:
(A) calculations supporting the amount of judgment;
(B) relevant contract documents;
(C) the facts supporting any claim for prejudgment interest, including the
applicable interest rate and calculation of interest due, see 28 U.S.C. § 1961;
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(D) the facts supporting any claim for attorney’s fees, including the amount of fees
sought, the actual time spent, and actual fees incurred; and
(E) compliance with the Service Members Civil Relief Act, 50 USC §§ 3901-4043.
Local Civil Rule 58.1 Judgments
(a) Timing
(1) Entry of judgment will not be delayed for the taxing of costs or computation of
prejudgment interest.
(2) When appropriate, the Clerk will leave blank spaces in the judgment for costs,
attorney’s fees, and interest.
(3) The Clerk will amend the judgment when interest, costs, and attorney’s fees are
awarded.
(b) Service
The Clerk will serve the judgment on the same day that the judgment is entered.
(c) Prejudgment Interest
When prejudgment interest is sought:
(1) Within 14 days of the entry of judgment, the prevailing party must file and serve
the following:
(A) a computation of interest; and
(B) the statutory or other basis for the interest rate.
(2) If any other party disagrees with the computation, the party must file an alternative
computation within 7 days of service of the prevailing party's computation.
Local Civil Rule 58.2 Satisfaction of Judgments
(a) Acknowledgment of Satisfaction
Upon request of the judgment debtor, the judgment creditor must file and serve an
acknowledgment of satisfaction or partial satisfaction of judgment within 14 days of such
request.
(b) Partial Satisfaction
A partial satisfaction of judgment must state the amount paid.
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Local Civil Rule 67.1 Deposit of Funds in the Registry Account
(a) Receipt of Funds
(1) No money will be sent to the court or its officers for deposit in the court’s registry
without a court order signed by the presiding district or magistrate judge in the case
or proceeding.
(2) The party making the deposit or transferring funds to the court’s registry will serve
the order permitting the deposit or transfer on the Clerk of Court.
(3) Unless provided for elsewhere in this Local Rule, all money ordered to be paid to
the court or received by its officers in any case pending or adjudicated will be
deposited with the Treasurer of the United States in the name and to the credit of this
court pursuant to 28 U.S.C. § 2041 through depositories designated by the Treasury
to accept such deposit on its behalf.
(b) Investment of Registry Funds
(1) Unless otherwise ordered by a district judge, all funds deposited in the registry of
the court in which the principal equals or exceeds $5000 are to be placed in an
interest-bearing account. The Court Registry Investment System (“CRIS”),
administered by the Administrative Office of the United States Courts under 28 U.S.C.
§ 2045, will be the only investment mechanism authorized.
(2) Interpleader funds deposited under 28 U.S.C. § 1335 meet the IRS definition of a
Disputed Ownership Fund (“DOF”), a taxable entity that requires tax administration.
Unless otherwise ordered by the court, interpleader funds shall be deposited in the
DOF established within the CRIS and administered by the Administrative Office of the
United States Courts, which shall be responsible for meeting all DOF tax
administration requirements.
(3) The Director of the Administrative Office of the United States Courts is designated
as custodian for CRIS. The Director or the Director’s designee will perform the duties
of custodian. Funds held in the CRIS remain subject to the control and jurisdiction of
the court.
(4) Money from each case deposited in the CRIS will be “pooled” together with those
on deposit with the Treasury to the credit of other courts in the CRIS and used to
purchase Government Account Series securities through the Bureau of Public Debt,
which will be held at the Treasury, in an account in the name and to the credit of the
Director of the Administrative Office of the United States Courts. The pooled funds
will be invested in accordance with the principals of the CRIS Investment Policy as
approved by the Registry Monitoring Group.
(5) An account for each case will be established in the CRIS titled in the name of the
case giving rise to the investment of the fund. Income generated from fund
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investments will be distributed to each case based on the ratio each account’s
principal and earnings has to the aggregate principal and income total in the fund.
Reports showing the interest earned and the principal amounts contributed in each
case will be prepared and distributed to each court participating in the CRIS and
made available to litigants and/or their counsel.
(6) For each interpleader case, an account shall be established in the CRIS Disputed
Ownership Fund, titled in the name of the case giving rise to the deposit invested in
the fund. Income generated from fund investments will be distributed to each case
after the DOF fee has been applied and tax withholdings have been deducted from
the fund. Reports showing the interest earned and the principal amounts contributed
in each case will be available through the FedInvest/CMS application for each court
participating in the CRIS and made available to litigants and/or their counsel. On
appointment of an administrator authorized to incur expenses on behalf of the DOF in
a case, the case DOF funds should be transferred to another investment account as
directed by court order.
(c) Fees and Taxes
(1) The custodian is authorized and directed by this Order to deduct the CRIS fee of
an annualized 10 basis points on assets on deposit for all CRIS funds, excluding the
case funds held in the DOF, for the management of investments in the CRIS.
According to the Court’s Miscellaneous Fee Schedule, the CRIS fee is assessed from
interest earnings to the pool before a pro rata distribution of earnings is made to court
cases.
(2) The custodian is authorized and directed by this Order to deduct the DOF fee of
an annualized 20 basis points on assets on deposit in the DOF for management of
investments and tax administration. According to the Court’s Miscellaneous Fee
Schedule, the DOF fee is assessed from interest earnings to the pool before a pro
rata distribution of earnings is made to court cases. The custodian is further
authorized and directed by this Order to withhold and pay federal taxes due on behalf
of the DOF.
(d) Disbursement of Registry Funds
(1) Upon the entry of a judgment, funds, if any, on deposit in the registry of the court
will be disbursed only by order of the court after the time for appeal has expired, or
upon written stipulation by all parties approved by the court.
(2) Each order directing the Clerk to disburse funds must be clearly entitled “order to
disburse funds” and must be without conditions to be met prior to disbursement of
said funds. It must indicate which parties are entitled to principal and any accrued
interest. The order must also contain the name and mailing address of the party
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entitled to said funds, in which case the information may be redacted and/or provided
directly to the Clerk’s financial office.
(3) Taxpayer identification numbers for the check payees must be delivered directly to
the Clerk’s financial office prior to disbursement.
Local Civil Rule 68.1 Settlements and Judgments in Favor of a Minor
(a) Authority to Settle a Minor’s Claim
Settlement, compromise, or other resolution of a minor’s claim by a parent or legal
guardian of a minor must comply with this rule.
(b) Settlements
A settlement agreement, release, or stipulation that resolves or dismisses a minor’s claim
must be approved by the Superior Court for the State of Alaska under Alaska Rule of
Civil Procedure 90.2.
(1) The Superior Court must approve:
(A) the terms of any settlement, release or stipulation; and
(B) the plan of disbursement, including the provisions for expenses, costs, and
fees.
(2) No judgment or order of dismissal will be issued until the Superior Court’s order
approving the settlement, release or stipulation under Rule 90.2 is filed with this court.
(c) Judgments
Upon judgment in favor of a minor, the parent or guardian asserting the claim on behalf
of the minor must seek approval of any plan of disbursement of the proceeds from the
Superior Court for the State of Alaska under Alaska Rule of Civil Procedure 90.2.
(1) The Superior Court must approve the plan of disbursement contemplated,
including the provisions for expenses, costs, and fees.
(2) No final judgment will be issued until a copy of the order of the Superior Court
approving the disbursement plan is filed with this court.
(d) Non-Resident Parents and Guardians
(1) When a parent or legal guardian is not a resident of the State of Alaska, if the
state where the parent or guardian resides has a procedure similar to Alaska Rule of
Civil Procedure 90.2, the court may order the parent or legal guardian to obtain
approval of the settlement of judgment using that state’s procedure.
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Effective January 1, 2023
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(2) In the absence of a similar procedure, the court may adopt such procedure as it
deems appropriate for approval of a settlement.
Local Civil Rule 77.1 Orders and Judgments by the Clerk
The Clerk is authorized to sign and enter the orders listed below without further direction
by the court.
(a) Orders on consent for the substitution of attorneys
(b) Orders on consent satisfying a judgment, annulling bonds, or exonerating
sureties;
(c) Orders authorized by Fed. R. Civ. P. 77(c)(2); and
(d) Orders authorizing admission under Local Civil Rule 83.1(d).
Local Civil Rule 77.2 Court Library
The US Courts Alaska branch law library is maintained in the United States District Court
Anchorage location. The general public may make use of the library during the hours
posted online and outside the library.
The librarian will enforce reasonable policies for proper safekeeping, maintenance, and
use of the library. Violators of library policies are subject to loss of library privileges.
Local Civil Rule 79.1 Official Record
When a document has been filed electronically or is filed conventionally and scanned
into the CM/ECF System by the Clerk of Court, the official record is the electronic
recording of the document as stored by the court, and the filing party is bound by the
document as filed.
Local Civil Rule 79.2 Books and Records of the Clerk; Access and Copies
(a) Clerk’s Custody
Except as otherwise provided by this rule or order of the court, no record or paper
belonging to the files of the court may be taken from the office or custody of the Clerk.
(1) If any record or paper in the court files is needed as an exhibit or other purpose,
the Clerk will prepare a certified copy upon payment of the appropriate fee.
(2) After the completion of any post-judgment proceedings, the filing of any
mandates, and the expiration of any time limits for additional proceedings:
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(A) all materials and exhibits, including electronic media, not already in the
custody of the parties, will be returned to the party or person to whom they belong,
except as may otherwise be ordered; and
(B) if items are not retrieved by the parties within 30 days after the Clerk has
provided notice, the Clerk may destroy them.
(3) Exhibits unsuitable for the Clerk’s custody must:
(A) be retained following trial by the party introducing them into evidence until
judgment is final; and
(B) the parties are responsible for producing the exhibits if required for an appeal
record.
(b) Access to Public Records; Copies
(1) A person may review at the Clerk’s office all filings that have not been sealed by
the court, whether retained in paper or electronic format.
(2) Paper copies and certified copies of documents may be obtained from the Clerk’s
office.
(3) A fee for copying and certification will be charged and collected in accordance
with the Miscellaneous Fee Schedule promulgated by the Judicial Conference of the
United States.
(c) Pro Se Materials
(1) Self-represented litigants must file all documents conventionally, unless otherwise
permitted by the court’s order. Once a document is uploaded into the CM/ECF
system by the Clerk, the docketed CM/ECF becomes the official court record.
(2) Self-represented litigants are required to retain a copy of any conventionally filed
paper documents, which will not be returned to litigants unless a litigant motions the
court for its return.
(3) A Motion for Return should be made at the time of filing or no later than 120 days
from docketing. The Clerk of Court may dispose of any conventionally filed
documents by a self-represented litigant no earlier than 180 days after docketing.
Local Civil Rule 80.1 Record of Proceedings
(a) Manner of Reporting Proceedings
(1) All court proceedings will be electronically or stenographically recorded.
(2) The court will consider only official transcripts of court proceedings that have been
certified by an official court reporter, recorder, or transcriber. The Guide to Judiciary
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Page 36
Policy with respect to court reporting methods is found in Chapter Three of
http://www.uscourts.gov/rules-policies/judiciary-policies/court-reporting-guidance.
(3) A request for a real-time court reporter and daily transcripts must be filed not later
than 30 days before the date set for the trial or hearing. The requesting party must
thereafter make whatever fee arrangements are necessary.
(b) Preparation of Official Record—Transcripts, Tape Recordings
(1) Arrangements for preparation of a transcript of a court proceeding are to be made
by filing AO Form 435 Transcript Order Form in CM/ECF. If on appeal, US District
Court of Alaska Form 46 Transcript Designation Form is to be filed in CM/ECF in
addition, as an attachment to AO FORM 435.
(2) Arrangements for preparation of a duplicate recording of an electronic record are
to be made by filing AO FORM 436 Audio Recording Form in CM/ECF. The Clerk’s
Office will then make arrangements for transcription or provide a duplicate recording
according to the form submitted.
(c) Fees—Transcripts, Tape Recordings
(1) All fees for transcripts and tape recordings may not exceed the maximum amount
set by the Judicial Conference of the United States.
(2) A current schedule of the fees, as established by the Judicial Conference, will be
posted by the Clerk and be provided on request by the Clerk's office and official court
reporters. The Guide to Judiciary Policy with respect to court reporting fees is found
in Chapter Five of http://www.uscourts.gov/rules-policies/judiciary-policies/court-
reporting-guidance.
Local Civil Rule 81.1 Applicability
These rules may be applied in admiralty, bankruptcy, criminal, or habeas proceedings, to
the degree their application is not inconsistent with those rules or with statutes governing
those proceedings.
Local Civil Rule 83.1 Attorneys
(a) Eligibility
Any attorney admitted to practice before the courts of the State of Alaska is eligible
for admission to practice in the United States District Court for the District of Alaska.
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Effective January 1, 2023
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(b) Procedure for Admission
(1) All attorneys admitted to practice before the former District Court for the Territory
of Alaska on February 20, 1960, are admitted to practice in this court without further
procedure for admission.
(2) Each applicant for admission must file with the Clerk a petition in the form and
with the attachments required by the Clerk. See www.akd.uscourts.gov/admissions.
(3) The court may, on its own motion or in response to an objection, make further
inquiry of the applicant or others and determine what response to objection, hearing,
or other procedures are appropriate.
(4) Each applicant applying for admission to practice in this district, other than an
applicant who is practicing law in the State of Alaska under Alaska Bar Rule 43 or
43.1 or who is otherwise exempt under these Local Rules, must pay the current fees
found at https://www.akd.uscourts.gov/fees at the time of application for admission.
(c) Appearance by Volunteer Pro Bono Attorney in Civil Cases
(1) A presiding judge may request a volunteer pro bono attorney to represent a self-
represented litigant unable to afford counsel in a civil case pursuant to 28 U.S.C.
§ 1915(e)(1).
(2) A volunteer pro bono attorney’s representation may be all-purpose or limited in
scope. A Limited Entry of Appearance may be made for a discrete purpose such as
amendment of a pleading, participating at a settlement conference, filing or opposing
a dispositive motion, attending a hearing(s), attending a deposition(s), conducting or
responding to discovery, or attending trial. Alternatively it may be made for a
specified period of time. A Limited Entry of Appearance shall specify each purpose of
the appearance.
(3) Upon conclusion of a Limited Entry of Appearance, the volunteer attorney may
withdraw by filing and serving a Notice of Withdrawal. Such notice must provide the
party's last known address and telephone number.
(d) Out of State Attorneys
(1) A member in good standing of the bar of another jurisdiction, who is not an active
member of the bar of this court, may, upon motion, be permitted by the court to
appear pro hac vice on behalf of a party. The court may order such counsel to
associate with an active member of the bar of this court.
(2) Unless otherwise ordered by the court, the attorney applying may appear from the
time of filing the motion as though it had been approved, and approvals will be
deemed to be effective as of the time of filing of the motion.
(3) The motion must be submitted on the form provided by the Clerk.
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(4) An attorney need not be admitted to this court to address motions related to
subpoenas issued in this district in cases pending outside the District of Alaska.
(e) Attorneys Not Subject to Pro Hac Vice Fees
The following attorneys may appear in particular cases in an official capacity without
submitting a petition for admission, provided the attorney is admitted to practice and in
good standing before the highest court of any state:
(1) Any attorney representing the United States, or any agency thereof;
(2) Any attorney employed by the Federal Public Defender's Office or appointed
pursuant to the Criminal Justice Act; and
(3) Any attorney representing an individual granted in forma pauperis status.
(f) Disbarment, Suspension, and Reinstatement
(1) Whenever it appears to the court that any member of the bar of this court or any
non-resident attorney permitted to appear or who has applied to appear before this
court has been disbarred, suspended from practice, or convicted of a serious crime
as defined by the Alaska Bar Rules, or similar authority in a state other than Alaska,
the attorney will be immediately suspended from practice before this court.
(2) Unless good cause to the contrary is shown within 21 days after notice has been
mailed to the attorney's last known place of business or residence, an order of
suspension or disbarment will be entered for such time as the court fixes.
(3) If a suspended attorney requests, in writing, reinstatement to practice before the
court, and the court has received notification that the attorney has been reinstated to
practice before the courts of the State of Alaska or such other courts where the
suspended attorney practices, an order of reinstatement may be entered.
(g) Contact with Trial Jurors
See Local Civil Rule 39.5.
(h) Professional Conduct
The standards of the Alaska Rules of Professional Conduct apply to any attorney
admitted to practice in this court.
(i) Current Address
All persons admitted to practice before the United States District Court for the District of
Alaska should notify the Clerk of Court, in writing, of any change in address, telephone
number, facsimile number, or e-mail address not later than 7 days after the change in
address, telephone or facsimile number, and/or e-mail address becomes effective.
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Local Civil Rule 83.2 Student Practice Rule
(a) General
An eligible law student acting under the supervision of a member of a bar of this court
may be permitted to appear before the United States District Court for the District of
Alaska on behalf of any client including federal, state, or local government bodies if the
client has filed a written consent with the court.
(b) Eligibility
An eligible student must:
(1) Satisfy one or more of the following criteria:
(A) be certified by the state Bar as a law student intern, or
(B) be enrolled and in good standing in an American Bar Association approved or
state accredited law school, and have completed one-half of the legal studies
required for graduation, or
(C) be a recent graduate of such school awaiting the result of a state Bar
examination;
(2) have knowledge of and be familiar with the Federal Rules of Civil and Criminal
Procedure; the Federal Rules of Evidence; the Code of Professional Responsibility;
and the rules of this court;
(3) be certified by the dean of the law school as being adequately trained to fulfill all
responsibilities as a law student intern to the court;
(4) not accept compensation for his legal services directly from a client; and
(5) file with the Clerk all documents required to comply with this rule.
(c) Duties of Supervising Attorney
The supervising attorney must:
(1) be admitted to practice before the highest court of any state for two years or
longer and have been admitted to practice before this court;
(2) appear with the student in any oral presentations before the court;
(3) sign all documents filed with the court;
(4) assume professional responsibility for the student's work in matters before the
court; and
(5) assist and counsel the student in the preparation of the student's work in matters
before the court.
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Effective January 1, 2023
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(d) Dean’s Certification
The dean’s certification of the student:
(1) must be filed with the Clerk and, unless sooner withdrawn, remain in effect until
publication of the results of the first bar examination following graduation;
(2) may be withdrawn by the dean with notice to the court.
(e) Scope of Functions
Upon fulfilling the requirements of this rule, the student may:
(1) assist in the preparation of briefs, motions, and other documents pertaining to a
case before this court; and
(2) Appear and make oral presentations before this court when accompanied by the
supervising attorney.
(f) Exceptions
The court retains the authority to establish exceptions to this rule in any case.
Local Civil Rule 83.3 Photographs, Video or Audio Recorders, Broadcasts
Unless otherwise ordered by the court, the taking of photographs and operation of video
or audio recorders in the courtroom or its environs and/or radio or television broadcasting
from the courtroom or its environs during the progress of, or in connection with judicial
proceedings, whether or not court is actually in session, is prohibited.
Local Civil Rule 84.1 Forms
The forms contained in the Federal Rules of Civil Procedure, Appendix of Forms, should
be used with appropriate or necessary modifications wherever applicable.
Local Civil Rule 86.1 Amendments to Local Rules
Amendments to these rules, including new rules, govern:
(a) all proceedings commenced on or after the effective of the amendment; and
(b) all existing, open proceedings from and after the effective date to the extent that the
newer amended rule does not unreasonably prejudice the rights of any party.
Local Civil Rules for the District of Alaska
Effective January 1, 2023
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UNITED STATES DISTRICT COURT
DISTRICT OF ALASKA
LOCAL MAGISTRATE JUDGE
RULES
2023 REVISED EDITION
EFFECTIVE JANUARY 1, 2023
(SUPERSEDES DECEMBER 2010 EDITION)
Contents
Local Magistrate Judge Rule 1 Title and Citation ................................................ 1
Local Magistrate Judge Rule 2 Authority of Magistrate Judges ............................ 1
Local Magistrate Judge Rule 3 Consent to Trial in a Civil Case ........................... 1
Local Magistrate Judge Rule 4 Criminal Matters Routinely Assigned
to Magistrate Judges ......................................................................................... 1
Local Magistrate Judge Rule 5 Civil Matters Routinely Assigned
to Magistrate Judges ......................................................................................... 2
Local Magistrate Judge Rule 6 Review of Magistrate Judge
Civil Pretrial Orders ........................................................................................... 2
Local Magistrate Judge Rule 7 Review of Matters under
28 U.S.C. § 636(b)(1) in Criminal Cases ........................................................... 3
Local Magistrate Judge Rules for the District of Alaska
Effective January 1, 2023
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Local Magistrate Judge Rule 1 Title and Citation
These rules are the Local Magistrate Judge Rules of the United States District Court for
the District of Alaska and may be cited as “LMJR ___.”
Local Magistrate Judge Rule 2 Authority of Magistrate Judges
A magistrate judge appointed by this court is, with respect to matters assigned or
referred to that judge, authorized to exercise all powers and perform all duties conferred
expressly or by implication upon magistrate judges by, and in accordance with,
procedures now or hereafter provided in the United States Code, rules promulgated by
the Supreme Court, and the rules of this court.
Local Magistrate Judge Rule 3 Consent to Trial in a Civil Case
Upon the written consent of all parties to the matter as provided in Rule 73, Federal
Rules of Civil Procedure, magistrate judges in this district are authorized to exercise the
authority provided by 28 U.S.C. § 636(c).
Local Magistrate Judge Rule 4 Criminal Matters Routinely Assigned to Magistrate
Judges
Unless otherwise ordered by a district judge, all criminal matters that may be heard by a
magistrate judge by statute or the Federal Rules of Criminal Procedure will be assigned
to magistrate judges, including but not limited to:
(1) issuance of search warrants;
(2) issuance of arrest warrants;
(3) initial appearances;
(4) preliminary examinations;
(5) motions to appoint counsel;
(6) waivers of indictment;
(7) return of indictments;
(8) warrants and summonses upon indictment or information;
(9) arraignments;
(10) pretrial release and detention hearings;
(11) pretrial motions within the scope of 28 U.S.C. § 636(b)(1)(A), except motions
related to scheduling the time and place of trials;
Local Magistrate Judge Rules for the District of Alaska
Effective January 1, 2023
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(12) pre-trial motions within the scope of 28 U.S.C. § 636(b)(1)(B) for reports and
recommendations;
(13) mental competency hearings for reports and recommendations;
(14) Class B and Class C misdemeanor cases, and infractions in their entirety;
(15) Class A misdemeanor cases in their entirety upon consent of the defendant;
(16) change of plea hearings upon consent of the defendant;
(17) removal hearings;
(18) extradition proceedings under 18 U.S.C. § 3184; and
(19) petitions to revoke supervised release and petitions to revoke probation pursuant to
Federal Rule of Criminal Procedure 32.1.
Local Magistrate Judge Rule 5 Civil Matters Routinely Assigned to Magistrate
Judges
Unless otherwise provided by order of a district judge, the following civil matters will be
assigned to magistrate judges for disposition or findings and recommendations as
appropriate:
(1) administrative inspection warrants;
(2) matters relating to nonpayment of seaman’s wages;
(3) habeas corpus petitions under 28 U.S.C. § 2254;
(4) preferred ship mortgage foreclosures;
(5) matters relating to the arrest, seizure, or release of vessels and other property
under the Supplemental Rules for Certain Admiralty and Maritime Claims;
(6) matters relating to the enforcement of administrative subpoenas;
(7) prisoner petitions challenging conditions of confinement; and
(8) judgment debtor examinations.
Local Magistrate Judge Rule 6 Review of Magistrate Judge Civil Pretrial Orders
(a) Unless otherwise ordered:
(1) within fourteen (14) days of being served with a copy of the recommended
disposition, a party may serve and file specific objections to the proposed findings
and recommendations;
(2) a response to the objections may be filed with fourteen (14) days after any
objection is filed; and
(3) unless ordered by the district judge, no reply shall be filed to the response.
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(b) Unless leave of court is obtained, for good cause shown, objections are limited to
those matters fairly presented to the magistrate judge.
(c) The court may, on its own motion or the motion of any party, set the matter for a
further evidentiary hearing before the district court, or it may remand the matter to the
magistrate judge to take such further evidence as the district judge may deem
necessary.
(d) A party requesting a further evidentiary hearing must serve and file a motion not
later than seven (7) days after the transcript of the record is certified, which motion
must:
(1) describe the nature of the evidence to be proffered and its relevance to the
specific objections; and
(2) contain a statement of the reason the proffered evidence could not be presented
to the magistrate judge.
Local Magistrate Judge Rule 7 Review of Matters under 28 U.S.C. § 636(b)(1) in
Criminal Cases
(a) Objections and Replies: Unless otherwise ordered:
(1) objections to orders entered under 28 U.S.C. § 636(b)(1)(A) or findings and
recommendations entered under 28 U.S.C. §636(b)(1)(B) must be filed within
fourteen (14) days after service of the order or findings and recommendations;
(2) a response to the objections may be filed within seven (7) days after any
objection is filed; and
(3) unless ordered by a district judge, no reply shall be filed to the response.
(b) Unless leave of court is obtained, for good cause shown, objections are limited to
those matters fairly presented to the magistrate judge.
(c) For objections to findings and recommendations entered under 28 U.S.C.
§ 636(b)(1)(B), the court may, on its own motion or the motion of any party, set the
matter for a further evidentiary hearing before the district judge, or it may remand the
matter to the magistrate judge to take such further evidence as the district judge may
deem necessary.
(d) A party requesting a further evidentiary hearing must serve and file a motion not
later than three (3) business days after the transcript of the record is certified, which
motion must:
(1) describe the nature of the evidence to be proffered and its relevance to the
specific objections; and
(2) contain a statement of the reason the proffered evidence could not be presented
to the magistrate judge.
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Effective January 1, 2023
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