Copyright 1995-1999 Touch N' Go Systems, Inc. All Rights Reserved. No claim made to official government works.
PART I. GENERAL PROVISIONS
Rule 1. Title-Scope-Construction- Situations Not Covered by the Rules.
(a) Title. These rules will be known and cited as the Probate Rules.
(b) Scope. These rules govern practice and procedure in the trial courts in all phases of proceedings brought under Title 13 of the Alaska Statutes, proceedings related to the release of personal property under AS 12.65.105 and AS 22.15.110(a)(3), mental commitments under AS 47.30, and proceedings to bypass parental consent to an abortion under AS 18.16.030.
(c) Construction. These rules will be construed and applied to promote fairness, accurate fact-finding, and prompt decisions.
(d) Legal Effect of Rules. These rules are promulgated pursuant to Alaska constitutional authority granting rulemaking power to the Alaska Supreme Court. To the extent that the rules are inconsistent with a procedural provision of any Alaska statute not enacted for the specific purpose of changing a rule, these rules supersede the statute.
(e) Situations Not Covered by the Rules. Where no specific procedure is prescribed by these rules, the court may proceed in any lawful manner, including application of the Civil and Evidence Rules, applicable statutes, the Alaska and United States Constitutions or common law. Such a procedure may not be inconsistent with these rules and may not unduly delay or otherwise interfere with the unique character and purpose of probate proceedings.
(f) Definitions. For purposes of proceedings under AS 13.06 through AS 13.36, "minor" means a person who is under 19 years of age.
(SCO 1014 effective January 15, 1990; amended by SCO 1188 effective July 15, 1995; by SCO 1261 effective September 26, 1996; and by SCO 1279 effective July 31, 1997)
Cross References
(f) Cross Reference: AS 13.06.050.
These Court Rules were automatically converted to HTML (Hyper-Text Markup Language) format from electronic files provided by the Alaska Court System. Every effort has been made to ensure their accuracy, but neither Touch N' Go Systems, Inc., The Alaska Legal Resource Center, nor the Law Offices of James B. Gottstein are responsible for their accuracy or for any damages arising out of any possible inaccuracy. If any mistakes are found, please let us know at one of the addresses listed below.
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999
