(a) For any infraction of these rules, the court, after providing reasonable notice and an opportunity to be heard, may withhold or assess costs or attorney’s fees as the circumstances of the case and discouragement of like conduct in the future may require; and such costs and attorney’s fees may be imposed upon offending attorneys or parties.
Rule 95.Penalties.
Last amended October 15, 2007 · Last verified July 6, 2026
In one sentenceRule 95 lets a court withhold or assess costs and attorney's fees against a party or attorney who violates the rules, and separately allows a fine of up to $1,000 for cases filed before August 7, 1997, or up to $50,000 for cases filed on or after that date, against an attorney who fails to comply.
Full Text of Rule 95
(b) [Applicable to cases filed before August 7, 1997]. In addition to its authority under (a) of this rule and its power to punish for contempt, a court may, after reasonable notice and an opportunity to show cause to the contrary, and after hearing by the court, if requested, impose a fine not to exceed $1,000.00 against any attorney who practices before it for failure to comply with these rules or any rules promulgated by the supreme court.
(b) [Applicable to cases filed on or after August 7, 1997]. In addition to its authority under (a) of this rule and its power to punish for contempt, a court may, after reasonable notice and an opportunity to show cause to the contrary, and after hearing by the court, if requested, impose a fine not to exceed $50,000.00 against any attorney who practices before it for failure to comply with these rules or any rules promulgated by the supreme court.
Amendment History
(Adopted by SCO 5 October 9, 1959; amended by SCO 49 effective January 1, 1963; by SCO 246 effective May 1, 1976; by SCO 1099 effective January 15, 1993; by SCO 1281 effective August 7, 1997; and by SCO 1643 effective October 15, 2007)
Notes
Note to SCO 1281: Paragraph (b) of this rule was amended by ch. 26, sec. 43, SLA 1997. According to sec. 55 of the Act, the amendment to Civil Rule 95 applies “to all causes of action accruing on or after the effective date of this Act.” The amendment to Rule 95 adopted by paragraph 9 of this order applies to all cases filed on or after August 7, 1997. See paragraph 17 of this order. The change is adopted for the sole reason that the legislature has mandated the amendment.
Plain-English Summary
When a party or attorney violates these rules, the court can withhold or assess costs or attorney's fees to fit the circumstances and discourage the same conduct in the future, but only after giving reasonable notice and a chance to be heard. This penalty power applies to offending attorneys and parties alike, separate from the court's contempt authority.
The court also has a distinct fining power over attorneys who practice before it and fail to comply with these rules or any rule the supreme court has adopted, again only after reasonable notice and a chance to show cause and a hearing if requested. The cap on that fine depends on when the case was filed: $1,000 for a case filed before August 7, 1997, and $50,000 for a case filed on or after that date — a fiftyfold increase the legislature mandated in 1997.
Frequently Asked Questions
Can a court punish a rule violation without a hearing?
No — both the cost/fee penalty and the attorney fine require reasonable notice and an opportunity to be heard or show cause first.
Why does the fine cap depend on when the case was filed?
The legislature raised the maximum fine from $1,000 to $50,000 effective August 7, 1997, and the rule preserves the earlier cap for cases filed before that date rather than applying the increase retroactively.
Who can be penalized under this rule?
Both offending attorneys and parties can have costs or attorney's fees withheld or assessed against them; the separate $1,000/$50,000 fine applies specifically to attorneys who practice before the court.
Source & verification. The rule text, Amendment History, and Notes are reproduced verbatim from the
official Alaska Rules of Civil Procedure (Alaska R. Civ. P. 95). 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: penalties for rule violation Alaskaattorney fine Alaska civil ruleRule 95 AlaskaAlaska R. Civ. P. 95