Alaska Motion for Continuance
Alaska Civil Rule 40(e): cause shown, an affidavit, and at least 5 days before trial unless excused.
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Introduction
Alaska Civil Rule 40(e) lets the court continue a trial for cause shown. Unless the court permits otherwise, apply at least five days before trial, with your affidavit setting forth all reasons. The trial date stands until the court rules.
Key Things to Know
- 1
Until the court grants your motion, the hearing or trial date stands, so attend. Filing a motion, or the other side's agreement, does not move the date.
- 2
Alaska calls this a continuance. The rule is Alaska R. Civ. P. 40(e): cases set for trial are heard on the date set unless continued by order of the court for cause shown.
- 3
The standard is cause shown. Rule 40(e) lists no specific grounds, so the court decides whether your reasons are enough, and no reason guarantees a grant.
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For a trial continuance the motion is written and must be supported by your affidavit setting forth all reasons for the continuance (Rule 40(e)(2)). This page does not state the rule for non-trial hearings.
- 5
Unless the court permits otherwise, apply to continue a trial at least five days before the trial date. The court may impose terms and require the requesting party to pay jury fees and other costs.
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An agreed continuance still needs an order. A stipulation must be titled Stipulation and Order, state the grounds, and have a line for the judge's signature (Rule 78(d)).
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In eviction cases no continuance may exceed 2 days unless the defendant gives an undertaking with sureties for accruing rent (Rule 85(a)(3)). The court lists forms CIV-733 and CIV-734; ask the clerk about family and small claims.
Key decisions before you file
Before you file a Motion for Continuance in Alaska, a few decisions shape the document: which option to choose and what each one means. The Motion for Continuance guide walks through them.
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Alaska Requirements for Motion for Continuance
Cause Shown
Cases set for trial are heard on the date set unless continued by order of the court for cause shown (Alaska R. Civ. P. 40(e)).
Affidavit Supporting Trial Continuance
An application to continue a trial must be supported by the applicant's affidavit setting forth all reasons for the continuance (Alaska R. Civ. P. 40(e)(2)).
Five Days Before Trial
Unless the court permits otherwise, application to continue a trial is made at least five days before the date set for trial (Alaska R. Civ. P. 40(e)(2)).
Terms and Costs on the Requesting Party
The court may impose terms and require payment of jury fees and other costs by the party at whose request the continuance is made (Alaska R. Civ. P. 40(e)(2)).
Stipulation and Order
A stipulation providing for a continuance must be titled Stipulation and Order, state the grounds, and carry a line for the judge's signature (Alaska R. Civ. P. 78(d)).
Eviction Two-Day Cap
In eviction cases, no continuance may exceed 2 days unless the defendant gives an undertaking with court-approved sureties conditioned on payment of accruing rent (Alaska R. Civ. P. 85(a)(3)).
Eviction Hearing Within 15 Days
The eviction hearing is set within 15 days of filing (Alaska R. Civ. P. 85(a)(2)).
Court Forms CIV-733 and CIV-734
The court lists CIV-733, Expedited Motion for Continuance and Affidavit, and CIV-734, Order on Expedited Motion for Continuance, for eviction cases.