Rule 4.Process.
Last amended January 1, 2025 · Last verified July 6, 2026
Full Text of Rule 4
Amendment History
(Adopted by SCO 5 October 9, 1959; amended by SCO 49 effective January 1, 1963; by SCO 66 effective July 1, 1964; by SCO 90 effective July 24, 1967; by SCO 168 dated June 25, 1973; by SCO 215 effective May 23, 1975; by SCO 266 effective March 31, 1977; by SCO 282 effective November 15, 1977; by SCO 306 effective April 11, 1978; by SCO 357 effective June 30, 1978; by SCO 373 effective August 15, 1979; by SCO 465 effective June 1, 1981; by SCO 591 effective July 1, 1984; by SCO 679 effective June 15, 1986; by SCO 697 effective September 15, 1986; by SCO 714 effective September 15, 1986; by SCO 788 effective March 15, 1987; by SCO 815 effective August 1, 1987; by SCO 836 effective August 1, 1987; by SCO 1025 effective July 15, 1990; by SCO 1128 effective July 15, 1993; by SCO 1153 effective July 15, 1994; by SCO 1269 effective July 15, 1997; by SCO 1295 effective January 15, 1998; by SCO 1445 effective October 15, 2001; by SCO 1482 effective October 15, 2002; by SCO 1522 effective October 15, 2003; by SCO 1525 effective October 15, 2003; by SCO 1581 effective October 15, 2005; by SCO 1570 effective October 15, 2005; by SCO 1607 effective October 15, 2006; by SCO 1713 effective May 16, 2009; by SCO 1716 effective July 1, 2009; by SCO 1769 effective April 16, 2012; by SCO 1788 effective June 15, 2012; by SCO 1834 effective October 15, 2014; by SCO 1939 effective January 1, 2019; and by SCO 2030 effective January 1, 2025)
Notes
Note: In, 1996, the legislature enacted AS 18.66.160, which relates to service of process in a proceeding to obtain a domestic violence protective order. According to § 77 ch. 64 SLA 1996, this statute has the effect of amending Civil Rule 4.
Note: AS 10.06.580(b), as enacted by ch. 166, § 1, SLA 1988, amended Civil Rule 4 by allowing a corporation in an action brought under AS 10.06.580 to serve non-resident dissenting shareholders by certified mail and publication without satisfying the conditions under which certified mail and publication can be used under Civil Rule 4. AS 10.06.638, as enacted by ch. 166, § 1, SLA 1988, amended Civil Rule 4 by changing (1) the requirements for service by publication, and (2) how long a corporation has to respond to a complaint in an involuntary dissolution proceeding before the Commissioner of Commerce and Economic Development may take a default judgment against the corporation.
Note: Section 132 of ch. 87 SLA 1997 adds AS 25.27.265(c) which authorizes the court to allow CSED to serve a party by mailing documents to the last known address on file with the agency. This is permitted only if the court finds that CSED has made diligent efforts to serve documents in the appropriate manner. According to § 153 of the Act, § 132 has the effect of amending Civil Rules 4 and 5 by allowing service at the opposing party’s last known address on file with the child support enforcement agency in certain circumstances.
Note: Ch. 61 SLA 2002 (HB 52), Section 2, repeals and reenacts AS 33.36.110 to authorize the governor to execute the Interstate Compact for Adult Offender Supervision. According to Section 6 of the Act, Article VIII(a)(2) of the Compact, contained in the new AS 33.36.110, would have the effect of amending Civil Rule 4 by entitling the Interstate Commission for Adult Offender Supervision to receive service of process of a judicial proceeding in this state that pertains to the Interstate Compact for Adult Offender Supervision and that may affect the powers, responsibilities or actions of that commission.
Note: Ch. 128 SLA 2002 (HB 393), Section 3, adds a new Chapter 66 to Title 45 of the Alaska Statutes, concerning the sale of business opportunities. According to Section 4 of the Act, AS 45.66.120(b) has the effect of amending Civil Rule 4 by requiring that the clerk of the court mail a copy of the complaint to the attorney general when an action is filed under AS 45.66.120.
Note: Chapter 87 SLA 03 (HB 1) enacted AS 18.65.865, which addresses service of process of protective orders issued under AS 18.65.850-860 for persons who are victims of stalking not involving domestic violence. According to Section 8(a) of the Act, the new AS 18.65.865 has the effect of amending Civil Rule 4 relating to service of process by requiring that service be made in accordance with AS 18.66.160, which governs service of domestic violence protective orders.
Note to SCO 1570: Civil Rule 4(d)(13), concerning service on individuals in a foreign country, parallels the language in Federal Rule of Civil Procedure 4(f).The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents, referred to in Civil Rule 4(d)(13), generally provides for service of process by a central authority (usually the Ministry of Justice) in the Convention countries pursuant to a request submitted on a form USM-94 available at the office of any United States Marshall or at http:www.usmarshals.gov/ forms/usm94.pdf. The Convention also permits service of process by international registered mail subject to the option of individual countries to object to such service. Many countries have objected, including Argentina, China, the Czech Republic, Egypt, Germany, Greece, the Republic of South Korea, Latvia, Lithuania, Luxembourg, Norway, Poland, the Slovak Republic, Sri Lanka, Switzerland, Turkey, Ukraine, and Venezuela; service by registered mail is therefore not appropriate in those countries. The full text of the Convention may by found at http://hcch.e-vision.nl/index_en.php?act= conventions.text&cid=17. Current information on the Convention may be found in the United States Department of State’s Circular on Service of Process Abroad, available at http://travel.state.gov/content/travel/english/legal-considerations/judicial/service-of-process.html.
Note: Chapter 54 SLA 2005 (HB 95) enacted extensive amendments and new provisions related to public health, including public health emergencies and disasters.
According to Section 13(a) of the Act, AS 18.15.375(c)(3), (d), and (e), and 18.15.385(d) –(k), enacted in Section 8, have the effect of amending Civil Rule 4 by adding special proceedings, timing, and pleading requirements for matters involving public health.
Note (effective nunc pro tunc to May 16, 2009): Chapter 10 SLA 2009 (HB 137), effective May 16, 2009, enacted changes relating to an Interstate Compact on Educational Opportunity for Military Children. According to section 2 of the Act, AS 14.34.010-.090 have the effect of changing Civil Rule 4 by entitling the Interstate Commission on Educational Opportunity for Military Children to receive service of process of a judicial proceeding in this state that pertains to the Interstate Compact on Educational Opportunity for Military Children, and in which the validity of a compact provision or rule is an issue for which a judicial determination has been sought.
Note (effective nunc pro tunc to July 1, 2009): Chapter 37 SLA 2009 (HB 141), effective July 1, 2009, enacted changes relating to the Interstate Compact for Juveniles. According to section 11 of the Act the changes made to AS 47.15.010 have the effect of changing Civil Rule 4 by entitling the Interstate Commission for Juveniles to receive service of process of a judicial proceeding in this state that pertains to the Interstate Compact for Juveniles, and in which the validity of a compact provision or rule is an issue for which a judicial determination has been sought.
Note (effective nunc pro tunc to June 15, 2012): Chapter 65, SLA 2012 (HB 296) added a new subsection (c) to AS 09.05.050 relating to service of process on prisoners, effective June 15, 2012. According to section 5 of the Act, AS 09.05.050, including the amendment made by section 1, has the effect of amending Alaska Rule of Civil Procedure 4, relating to service of process on prisoners committed to the custody of the commissioner of corrections.
Note: Chapter 65, SLA 2018 (HB 170) enacted comprehensive changes to securities laws. According to section 30(a) of the Act, AS 45.56.630(c) - (e), enacted by section 25 of the Act, have the effect of changing Civil Rules 4 and 5, effective January 1, 2019, by allowing service on the administrator (in the Department of Commerce, Community, and Economic Development) in certain cases.
Note: Chapter 11, SLA 2024 (HB 66) enacted changes to mental health commitment procedures. According to sec. 63 of the Act, AS 47.30.700(d) enacted by sec. 48 of the Act has the effect of changing Civil Rules 4 and 5 by restricting the permissible methods by which a court order may be served on a party.
Note: The Alaska Court System’s legal notice website, referenced in paragraph (e)(2), is found on the Alaska Court System Website at: http://www.courts.alaska.gov/.
Plain-English Summary
Once a complaint is filed, the clerk issues a summons naming the parties and directing the defendant to respond. Alaska has no counties and no sheriffs, so Rule 4 routes service through peace officers and through civilians the Commissioner of Public Safety specially appoints for the purpose — a structure suited to a state where the nearest courthouse can be hundreds of miles away. The rule then works through, one at a time, exactly how to serve an individual, an infant, an incompetent person, a corporation or LLC, a partnership, an unincorporated association, the State of Alaska itself, another government body, an unknown party, or someone outside Alaska or in a foreign country.
When a defendant can't be found after a diligent search, Rule 4 falls back on posting to the Alaska Court System's own legal notice website, publication in a newspaper, e-mail, a social media posting, or a public bulletin board, each with its own proof-of-service requirement. A final safeguard has the clerk check every pending case 120 days after filing to see whether all defendants have been served, keeping cases from drifting indefinitely for want of service.
Frequently Asked Questions
Who serves a summons in Alaska if there’s no sheriff?
A peace officer or a civilian specially appointed by the Commissioner of Public Safety for that purpose; subpoenas may also be served under Rule 45 without a special appointment.
What if a defendant can’t be located?
After a diligent inquiry into the defendant’s whereabouts, Rule 4(e) allows service by posting on the Alaska Court System’s legal notice website, newspaper publication, e-mail, a social media posting, or a public bulletin board, depending on the circumstances.
Is there a deadline to serve a defendant after filing a complaint?
The clerk reviews each pending case 120 days after the complaint is filed to check whether every defendant has been served, under (j).