Rule 40.Assignment and Hearing of Cases—Calendars—Continuances.

Last amended August 10, 2016 · Last verified July 6, 2026

In one sentenceRule 40 explains how the court calendars and assigns civil cases for trial, who controls a visiting judge's docket, which judge rules on which motions, and how a party gets, or loses, a trial continuance.

Full Text of Rule 40

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Master Calendar. At the commencement of each regular or special term of the court, or at such other time as the presiding judge shall direct, the clerk shall prepare a calendar of all cases on the docket which are not on the trial calendar or motion calendar or in which neither party has requested setting for trial. The clerk shall list the cases in numerical order and show the number, title and names of counsel of record in each case, together with such information as will enable the court to readily determine the type and status of the case. At such times as the court shall direct, the calendar shall be called, at which time the court (1) may order cases placed on the trial calendar if desired, or (2) may order that cases be dismissed for want of prosecution under the provisions of Rule 41, or (3) may make such other disposition of cases as the court may consider appropriate.

(b) Trial Calendar—Memorandum to Set Civil Case for Trial.

(1) Unless otherwise ordered, a civil case shall be set for a pretrial conference, a trial setting conference, or a trial when it is at issue and when a party thereto has served and filed therein a memorandum to set civil case for trial, stating:

(a) The title and number of the case;

(b) The nature of the case;

(c) That all essential parties have been served with process or appeared herein and that the case is at issue as to all such parties;

(d) Whether the case is entitled to legal preference and, if so, the citation of the section number of the statute or other authority granting such preference;

(e) Whether or not a jury trial has been demanded;

(f) The time estimated for trial;

(g) The names, addresses and telephone numbers of the attorneys for the parties or of the parties appearing in person.

(2) Any party not in agreement with the information or estimates given in the memorandum to set civil case for trial shall within ten days after the service thereof serve and file a memorandum on his behalf.

(c) Visiting Judges. Whenever a visiting judge may be present, assisting the judge of any judicial district, the presiding judge of that district shall be solely responsible for the assignment of cases and proceedings to the visiting judge. The judge to whom any particular action or proceeding is assigned will thereupon have charge of such action or proceeding so long as such assignment continues.

(d) Application for Orders. Except as provided in Rule 63, application for any order in an action or proceeding, including appellate proceedings, shall be made to, and ruled upon, by the judge to whom the action or proceeding is assigned. However, application may be made to and signed by another judge if the judge who is assigned the case is not available and the application concerns a stipulation or uncontested motion; a petition for emergency domestic violence injunction; a motion for temporary restraining order or other emergency motion; findings, judgments and orders based upon decisions previously announced by the judge assigned to the case; or other matters when the application is presented to the presiding judge, or in the presiding judge’s absence, to any other available judge within the state, upon good cause shown.

(e) Continuances. *

(1) All cases set for trial shall be heard on the date set unless the same are continued by order of the court for cause shown. The presiding judge of a judicial district may require that a visiting or pro tem judge obtain approval from the presiding judge before granting any continuance of trial.

(2) Unless otherwise permitted by the court, application for the continuance of the trial of the case shall be made to the court at least five days before the date set for trial. The application must be supported by the affidavit of the applicant setting forth all reasons for the continuance. If such case is not tried upon the day set, the court in its discretion may impose such terms as it sees fit, and in addition may require the payment of jury fees and other costs by the party at whose request the continuance has been made.

(3) When parties are present in court and ready for trial on the day set for trial, but their case is not reached on that day, they will retain their relative position on the calendar and on the next open trial day they will be entitled to precedence over cases set for trial on the last-mentioned day.

End

Amendment History

(Adopted by SCO 5 October 9, 1959; amended by SCO 36 effective May 8, 1961; by SCO 44 effective February 26, 1962; by SCO 193 effective November 1, 1974; by SCO 229 effective January 1, 1976; by SCO 393 effective January 2, 1980; by SCO 710 effective September 15, 1986; by SCO 717 effective September 15, 1986; by SCO 766 effective March 15, 1987; by SCO 894 effective July 15, 1988; by SCO 1153 effective July 15, 1994; by SCO 1172 effective July 15, 1995; by SCO 1279 effective July 31, 1997; and by SCO 1893 effective August 10, 2016)

Notes

*EDITOR’S NOTE: Subsection (e)(3) of Alaska Civil Rule 40 is hereby suspended for the Anchorage trial courts until further notice. The presiding judge shall determine appropriate alternative calendaring procedures.

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(c) 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 40 by requiring expedited hearings and specific standards for and timing of granting of continuances in matters involving public health.

Plain-English Summary

The clerk keeps a master calendar of pending cases not yet set for trial, and the court periodically calls that calendar to send cases to the trial calendar, dismiss them for want of prosecution, or otherwise dispose of them. A case gets set for a pretrial conference, trial-setting conference, or trial once it's at issue and a party files a memorandum giving the case name and number, its nature, confirmation that all essential parties have been served or appeared, any statutory preference for early trial, whether a jury has been demanded, the estimated trial length, and contact information for the attorneys or self-represented parties; anyone who disagrees with that memo has 10 days to file its own. When a visiting judge sits on a case, the presiding judge of that district controls the assignment, and the visiting judge keeps charge of the matter for as long as the assignment lasts.

Motions and other applications generally go to the judge already assigned to the case, though a different judge can act if the assigned judge is unavailable and the matter is a stipulation, an uncontested motion, an emergency domestic violence petition, a temporary restraining order or other emergency motion, an order carrying out a decision the assigned judge already announced, or another matter presented to the presiding judge for good cause. A case set for trial goes forward on the scheduled date unless the court continues it for cause, and a party asking for a continuance must generally apply at least five days beforehand with a supporting affidavit explaining the reasons; the court can condition a continuance on paying jury fees and other costs, and parties who show up ready for a trial that isn't reached that day keep their place on the calendar and get priority the next available trial day. Separate provisions require expedited hearings and specific continuance standards in certain public health emergency matters, and a standing order has suspended the rule's calendar-priority provision for Anchorage trial courts pending alternative local procedures.

Frequently Asked Questions

How does a civil case get scheduled for trial in Alaska?

Once the case is at issue, a party files a memorandum to set the case for trial with case details, jury-demand status, and estimated trial length; the case then gets set for a pretrial conference, trial-setting conference, or trial.

Which judge decides my motion?

Generally the judge already assigned to the case, though certain urgent or routine matters can go to another available judge if the assigned judge isn't around.

How do I ask for a trial continuance?

Apply at least five days before the trial date with an affidavit explaining the reasons, unless the court permits otherwise; the court can require payment of jury fees and other costs as a condition.

Source & verification. The rule text, Amendment History, and Notes are reproduced verbatim from the official Alaska Rules of Civil Procedure (Alaska R. Civ. P. 40). Prescribed by the Supreme Court of Alaska (Alaska Const. art. IV, § 15). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source

Also known as: setting a civil case for trial Alaskatrial continuance Alaska rulemaster calendar Alaska civil casewhich judge hears my motion AlaskaAlaska R. Civ. P. 40