Rule 64.Seizure of Person or Property.
Last amended September 9, 2013 · Last verified July 6, 2026
Full Text of Rule 64
Amendment History
(Adopted by SCO 5 October 9, 1959; and amended by SCO 1806 effective September 9, 2013)
Notes
Note: Chapter 45, SLA 2013 (HB 65) enacted various changes, including a new section AS 34.40.113 related to discretionary interests in irrevocable trusts, effective September 9, 2013. According to section 47 of the Act, AS 34.40.113(f), enacted by section 40 of the Act, has the effect of amending Alaska Rule of Civil Procedure 64 by prohibiting a creditor or beneficiary from obtaining an order of attachment or similar relief in certain cases.
Plain-English Summary
From the moment a lawsuit begins and throughout the case, a party can pursue any remedy for seizing a person or property to make sure a judgment can eventually be satisfied — including arrest, attachment, garnishment, replevin, sequestration, and any equivalent remedy, however it's labeled, whether it's built into the lawsuit itself or has to be pursued as a separate action. Which remedies are available, and on what terms, is governed by whatever Alaska law on the subject is in effect at the time the party seeks the remedy, not necessarily the law that existed when the case started. A state law addressing discretionary interests in irrevocable trusts has since narrowed this rule by barring a creditor or beneficiary from obtaining an attachment or similar relief against certain trust interests.
Frequently Asked Questions
Can I have a defendant's property seized before I win my case?
Yes, through remedies like attachment, garnishment, or sequestration, available under Rule 64 to secure eventual satisfaction of a judgment, governed by whatever state law on those remedies applies when you seek the remedy.
Does Rule 64 cover remedies that have to be pursued as a separate action?
Yes — it applies whether the remedy is ancillary to the pending lawsuit or has to be obtained through an independent action.
Are there limits on attaching someone's interest in a trust?
Yes — a state law on discretionary interests in irrevocable trusts prohibits a creditor or beneficiary from obtaining an attachment or similar relief against certain trust interests.