Last amended April 15, 2010 · Last verified July 6, 2026
In one sentenceRule 85 sets the accelerated procedure for forcible entry and detainer (eviction) cases — how fast the hearing has to happen, how continuances and service work, and when the clerk can dismiss a stalled case.
(a)Practice and Procedure. In an action for the possession of any land, tenement or other real property brought under the forcible entry and detainer provisions of law, the practice and procedure shall be as in other civil actions, subject to the following:
(1)Complaint. The premises claimed shall be described in the complaint with such certainty that the defendant will be distinctly advised of their location so that possession thereof may be delivered according to that description. The complaint must contain a notice describing the circumstances under which the clerk may dismiss the case under subsection (a)(6) of this rule. This notice will be printed in the forcible entry and detainer complaint forms approved by the administrative director. If the plaintiff files an action without using the court form, the complaint must nonetheless contain a notice that is identical to that which appears in the court form. The notice shall serve as the actual notice to all parties that is required by paragraph (a)(6) of this rule.
(2)Summons. Summons shall be served not less than two days before the day of the eviction hearing. The date set for the eviction hearing shall be not more than 15 days from the date of filing of the complaint unless otherwise ordered by the court.
(3)Continuances. No continuance shall be granted for a longer period than 2 days, unless the defendant applying therefor shall give an undertaking to the adverse party, with sureties approved by the court, conditioned to the payment of the rent that may accrue if judgment is rendered against defendant.
(4)Appearance by Defendant. An appearance by a defendant at the eviction hearing is an appearance in the entire matter for purposes of Civil Rule 55(a).
(5)Service—How Made. A defendant cannot be served under Civil Rule 5 by mailing a copy of the document to the address from which the defendant was evicted unless the defendant’s current mailing address and whereabouts are not readily ascertainable.
(6)Dismissal of Action for Want of Prosecution.
(A)By Clerk—Additional Notice to Parties Not Required. A forcible entry and detainer case may be dismissed by the clerk for want of prosecution without further notice to the parties and without further order if
(i)the case has been pending for more than 180 days from the date the complaint was filed;
(ii)no trial or hearing is scheduled; and
(iii)no application for default judgment has been filed; and
(iv)the parties had actual notice that the case could be dismissed under this paragraph; actual notice of the procedure for dismissal of a forcible entry and detainer case shall be provided in all forcible entry and detainer complaints as provided in subsection (a)(1) of this rule.
(B)By Order of Court. The court on its own motion or on motion of a party to the action may enter a judgment of dismissal if the plaintiff fails to appear for a scheduled trial or hearing.
(C)Dismissal Without Prejudice. A case dismissed for want of prosecution under this rule is dismissed without prejudice unless otherwise ordered by the court. Any party may, as a matter of right, reopen a case that was dismissed for want of prosecution without refiling the action by making a request in writing to the clerk of court no later than one year after dismissal.
(b)Referral to District Courts for Trial. Any such action filed in the superior court may be referred by the court to a district court for trial when the amount does not exceed the jurisdiction of district court.
Amendment History
(Amended by SCO 49 effective January 1, 1963; amended by SCO 678 effective June 15, 1986; by SCO 739 effective August 28, 1986; by SCO 1461 effective April 15, 2002; and by SCO 1691 effective April 15, 2010)
Plain-English Summary
An eviction case otherwise follows ordinary civil procedure, with several changes built for speed. The complaint must describe the premises precisely enough to allow delivery of possession, and must carry a required notice (printed on the approved court form, or reproduced identically if a party files without that form) describing when the clerk can dismiss the case for want of prosecution. The summons must be served at least two days before the hearing, and the hearing itself has to be set within 15 days of filing unless the court orders otherwise. Continuances are capped at two days unless the party asking for one posts a bond covering any rent that accrues if the case is lost. Appearing at the eviction hearing counts as a general appearance in the whole case for default purposes, and a defendant can't be served by mailing papers to the same address they were evicted from unless their current address and whereabouts aren't readily discoverable.
The clerk can dismiss a case for want of prosecution — without further notice or court order — once it has been pending more than 180 days with no trial or hearing scheduled and no default judgment application on file, as long as the complaint's own notice already warned the parties this could happen. The court can also dismiss on its own motion or a party's motion if the plaintiff fails to appear for a scheduled trial or hearing. Either way, the dismissal is without prejudice, and any party can reopen the case as of right, without refiling, by asking the clerk in writing within a year of the dismissal. An eviction case can also be referred from superior court to a district court for trial when the amount in controversy fits within the district court's jurisdiction.
Frequently Asked Questions
How fast does an eviction case move compared to a regular lawsuit?
Much faster — the hearing must generally be set within 15 days of filing, the summons must be served at least two days before that hearing, and continuances are capped at two days unless the requesting party posts a bond covering accruing rent.
Can an eviction case just sit on the docket indefinitely?
No — the clerk can dismiss it without notice once it has been pending more than 180 days with no hearing scheduled and no default judgment request on file, as long as the complaint's own required notice warned the parties of that possibility.
If my eviction case gets dismissed for inaction, can I bring it back?
Yes — a case dismissed for want of prosecution is dismissed without prejudice, and any party can reopen it as a matter of right by writing to the clerk within a year, without having to refile the action.
Source & verification. The rule text, Amendment History, and Notes are reproduced verbatim from the
official Alaska Rules of Civil Procedure (Alaska R. Civ. P. 85). 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:eviction rule Alaskaforcible entry and detainer AlaskaFED case Alaska civil ruleAlaska R. Civ. P. 85