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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 60. Costs and Attorney Fees; Settlements
- Section 10. Costs and Attorney Fees Allowed Prevailing Party.
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. Costs and Attorney Fees; Settlements
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. Attorney Fees in Certain Small Claims Actions.
AS 09.60.010. Costs and Attorney Fees Allowed Prevailing Party.
- (a) The supreme court shall determine by rule or order the costs, if any, that may be allowed a prevailing party in a
civil action. Unless specifically authorized by statute or by agreement between the parties, attorney fees may not be
awarded to a party in a civil action for personal injury, death, or property damage related to or arising out of fault,
as defined in AS 09.17.900
, unless the civil action is contested without trial, or fully contested as determined by the court.
- (b) Except as otherwise provided by statute, a court in this state may not discriminate in the award of attorney fees and
costs to or against a party in a civil action or appeal based on the nature of the policy or interest advocated by the
party, the number of persons affected by the outcome of the case, whether a governmental entity could be expected to
bring or participate in the case, the extent of the party's economic incentive to bring the case, or any combination of
- (c) In a civil action or appeal concerning the establishment, protection, or enforcement of a right under the United
States Constitution or the Constitution of the State of Alaska, the court
- (1) shall award, subject to (d) and (e) of this section, full reasonable attorney fees and costs to a claimant, who, as
plaintiff, counterclaimant, cross claimant, or third-party plaintiff in the action or on appeal, has prevailed in
asserting the right;
- (2) may not order a claimant to pay the attorney fees of the opposing party devoted to claims concerning constitutional
rights if the claimant as plaintiff, counterclaimant, cross claimant, or third-party plaintiff in the action or appeal
did not prevail in asserting the right, the action or appeal asserting the right was not frivolous, and the claimant
did not have sufficient economic incentive to bring the action or appeal regardless of the constitutional claims
- (d) In calculating an award of attorney fees and costs under (c)(1) of this section,
- (1) the court shall include in the award only that portion of the services of claimant's attorney fees and associated
costs that were devoted to claims concerning rights under the United States Constitution or the Constitution of the
State of Alaska upon which the claimant ultimately prevailed; and
- (2) the court shall make an award only if the claimant did not have sufficient economic incentive to bring the suit,
regardless of the constitutional claims involved.
- (e) The court, in its discretion, may abate, in full or in part, an award of attorney fees and costs otherwise payable
under (c) and (d) of this section if the court finds, based upon sworn affidavits or testimony, that the full
imposition of the award would inflict a substantial and undue hardship upon the party ordered to pay the fees and costs
or, if the party is a public entity, upon the taxpaying constituents of the public entity.
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