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Rule 76. Form of Pleadings and Other Papers-Filing.
(a) Form in General. All pleadings, motions, affidavits, memoranda, instructions and other papers and documents, including exhibits thereto, presented for filing with the clerk or intended for use of the judge, (1) shall be upon letter size (8½_ x 11_) white paper of good quality, of at least sixteen pound weight, and not onionskin except where ripple finish or other opaque paper is used, in which event the weight shall be at least thirteen pound; (2) shall be two-hole punched at the center of the top of each page; (3) shall be either in original clear and legible typewriting with black ribbon, or in clear and legible printing in black ink; (4) shall be in either double-spaced or one-and-one-half-spaced typewriting or printing, except that quotations shall be single-spaced and indented; and (5) shall, if consisting of more than one page, have each consecutive page numbered at the bottom center of each page. The text of documents, including headings and footnotes, must be in a typeface permitted by Appellate Rule 513.5(c)(1).
(b) Deleted.
(c) Exhibits. All exhibits to pleadings shall be numbered progressively according to the number of the page of the exhibit followed by the number or identification of the exhibit, as, for example, page 1 - Ex. A. All exhibits shall be so permanently attached to the pleadings to which they belong as to be easily accessible and easily readable without detaching them from the principal document. Exceptions to progressive paging of exhibits may be permitted by the court where acceptable copies of original documents make it impracticable to comply with the requirement.
(d) Interlineations - One Side of Paper to Be Used. All pleadings and other papers shall be without interlineations unless noted by the court, and shall be printed or written upon only one side of the paper.
(e) Information to Be Placed on First Page. The first page of each pleading, motion, affidavit, brief, memorandum, judgment, order and instruction shall be prepared as follows:
(1) The name, address and telephone number of the attorney appearing for a party to an action or proceeding, or of a person appearing in propria persona, shall be typewritten or printed in the space to the left of center of the paper and beginning at least 1 ¼_ inches below the top edge, or the attorney's name, address and telephone number may be printed on the left-hand margin of the paper.
(2) The title of the court shall be centered on the paper and shall commence not less than 1 1/2 inches below the top edge, and in any event not less than 1/2 inch below the name, address and telephone number of the attorney or person appearing in propria persona if this appears at the top of the page as provided in paragraph (1).
(3) A space below the title of the court and to the right of center on the page shall be reserved for the filing marks of the clerk. Below that shall be inserted the file number of the action or proceeding.
(4) Below the title of the court and to the left of center of the page the title of the action or proceeding shall be inserted. In the event all defendants cannot be named on the first page, the names of defendants only may appear on the second page.
(5) Below the title of the court and file number, and either centered or to the right of center of the page, there shall be inserted a brief designation of the nature of the paper and, where relief is sought, the nature thereof.
(f) Citation of Statute. A party filing a complaint, counterclaim or cross-claim seeking relief under any specific statute is required to cite the statute relied upon in parentheses following the title of the pleading.
(g) Reference to Other Parts of Pleading. Where practicable, reference to other portions of the same pleadings or other papers should be made to avoid repetition. In any action brought upon or any proceeding involving serial notes, bonds, coupons or obligations for the payment of money which are of the same form, tenor and effect, and are issued under the same law, or by the same authority, and differing only in number, date of maturity or amount, it will be sufficient for the plaintiff to set forth in one claim of the complaint one of such notes, bonds, coupons, or obligations, either verbatim or according to legal effect. The remaining notes, bonds, coupons or obligations may be pleaded, in the same or another claim of the complaint, by a general reference or description sufficient to identify them with like effect as if they had been set forth verbatim. Similar practice may be followed in any pleading where any two or more documents of similar form, tenor or effect are set forth. Any such document referred to in any pleading may be set forth either in the body of the pleading or in an exhibit attached thereto.
(h) Compliance With Rule. No paper or document shall be accepted for filing or filed by the clerk which does not comply with the requirements of this rule. The judge to whom the case is assigned may, in cases of emergency or necessity, permit departure from the requirements of this rule.
(i) Use of Original File by Court. At the trial of any issue of law or fact, or upon the hearing of any motion, the original file shall be for the use of the court, except as may appear otherwise necessary.
(j) Replacing Papers Lost or Withheld. If an original paper or pleading is lost or withheld by any person, the court may order a verified copy thereof to be filed and used in lieu of the original.
(k) Name and Bar Number Typed Beneath Signature Line. The name of the person signing a pleading or paper must be typed beneath the signature line. If the person is an attorney, the person's Alaska Bar Association membership number must be entered following the person's name.
(l) Judge's Name Typed on Orders. On all orders prepared for signature, the name of the ordering judge, if known, shall be typed immediately under the signature line prior to presentation for signature.
(Adopted by SCO 5 October 9, 1959; amended by SCO 258 effective November 15, 1976; by SCO 441 effective November 15, 1980; by SCO 567 effective July 1, 1983; by SCO 568 effective September 1, 1983; by SCO 687 effective May 1, 1986; by SCO 907 effective August 1, 1988; by SCO 931 effective January 15, 1989; by SCO 1153 effective July 15, 1994; by SCO 1210 effective July 15, 1995; by SCO 1287 effective July 15, 1998; and by SCO 1344 effective August 13, 1998)
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
