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Alaska Motion to Dismiss

In Alaska you move to dismiss under Alaska R. Civ. P. 12(b) within the 20-day answer window.

Introduction

In Alaska, you challenge a complaint before answering by filing a motion to dismiss under Alaska R. Civ. P. 12(b). Alaska keeps the federal terminology rather than using a demurrer or preliminary objections: Rule 12(b) lists seven defenses that, at the pleader's option, may be made by motion instead of in the answer, and Rule 12(b)(6), failure to state a claim upon which relief can be granted, is the merits ground. The timing tracks your answer window. A defendant serves an answer within 20 days after service of the summons and complaint under Rule 12(a), and a motion making any Rule 12(b) defense must be made before pleading. Serving the motion tolls that clock: if the court denies the motion or postpones it to trial, the responsive pleading is due within 10 days after notice of the court's action. Alaska's distinct layer is Rule 77 motion practice. Every motion must be filed with a memorandum of points and authorities under Rule 77(b), and a proposed order must accompany it under Rule 77(b)(3) unless you are self-represented. Opposition to a motion to dismiss is due in 15 days, longer than the ordinary 10. You file in the Superior Court, Alaska's general-jurisdiction trial court. Miss the window and you risk a default. DocDraft drafts an Alaska-formatted motion to dismiss from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    The Alaska vehicle is a motion to dismiss under Alaska R. Civ. P. 12(b), a pre-answer motion. Alaska has no separate-name vehicle: there is no demurrer like California or Virginia, no preliminary objections like Pennsylvania, and no peremptory exception like Louisiana. Rule 12(b) tracks federal Rule 12(b) almost verbatim, and Rule 12(b)(6), failure to state a claim upon which relief can be granted, is the merits analog to federal Rule 12(b)(6).

  2. 2

    Rule 12(b) enumerates seven defenses that may, at the option of the pleader, be made by motion: (1) lack of jurisdiction over the subject matter; (2) lack of jurisdiction over the person; (3) improper venue; (4) insufficiency of process; (5) insufficiency of service of process; (6) failure to state a claim upon which relief can be granted; and (7) failure to join a party under Rule 19. Under Rule 12(h)(1), the personal-jurisdiction, venue, process, and service defenses are waived if omitted from a consolidated motion or left out of the responsive pleading, while Rule 12(h)(2) preserves the failure-to-state-a-claim defense for later assertion by pleading, by motion for judgment on the pleadings, or at trial.

  3. 3

    Timing follows the answer window under Rule 12(a): a defendant serves an answer within 20 days after service of the summons and complaint, or 40 days where the defendant is the state or an agency or where service is made in a foreign country. A motion making any Rule 12(b) defense must be made before pleading if a further pleading is permitted, meaning before the answer.

  4. 4

    Serving the Rule 12(b) motion tolls the answer clock. Under Rule 12(a), if the court denies the motion or postpones its disposition to trial on the merits, the responsive pleading is served within 10 days after notice of the court's action; if the court grants a motion for a more definite statement, the answer is due within 10 days after the more definite statement is served.

  5. 5

    Alaska requires a supporting memorandum statewide. Rule 77(b) directs that every motion be served and filed with a brief, complete written statement of the reasons in support, including a memorandum of the points and authorities the moving party will rely on. Rule 77(b)(3) also requires a proposed order for the court's signature to accompany the motion, except that a self-represented party need not file one. Alaska sets no general page limit on a dismissal memorandum; the only five-page cap in Rule 77 applies to motions for reconsideration.

  6. 6

    The most common ground is Rule 12(b)(6), failure to state a claim upon which relief can be granted, the Alaska analog to federal Rule 12(b)(6). It tests whether the complaint, accepting its well-pleaded facts as true, states a legally cognizable claim. Under Rule 77(c)(2)(B), opposition to a motion to dismiss is due 15 days from service, longer than the ordinary 10-day opposition window, and the moving party may reply within 5 days of the opposition under Rule 77(d).

  7. 7

    You file in the Superior Court, Alaska's trial court of general jurisdiction, with the clerk of the court named in the summons where the action is pending. The Superior Court hears civil claims over $100,000 per defendant and equitable relief, while the District Court handles civil claims up to $100,000 per defendant. Rule 77(j) authorizes costs and attorney's fees against a party who files a frivolous motion or one filed for delay, so the motion must rest on a genuine Rule 12(b) ground.

Key Decisions

Choosing the Grounds for Dismissal

Timing and Strategy

Filing and Serving the Motion

Customize your Motion to Dismiss Template with DocDraft

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT __________

[PLAINTIFF NAME], Plaintiff, Case No. __________ v. DEFENDANT'S MOTION TO DISMISS [DEFENDANT NAME], (Alaska R. Civ. P. 12(b)) Defendant.

MOTION TO DISMISS UNDER ALASKA R. CIV. P. 12(b)

Defendant respectfully moves this Court, pursuant to Alaska R. Civ. P. 12(b), for an order dismissing the complaint. This motion is made before pleading, as a further pleading is permitted, and is supported by the memorandum of points and authorities below and the records and files in this action. Under Alaska R. Civ. P. 77(b), this motion is accompanied by a memorandum of points and authorities and, unless the moving party is self-represented, a proposed order for the Court's signature.

GROUNDS FOR THE MOTION

The complaint should be dismissed on the following ground(s) under Alaska R. Civ. P. 12(b):

[ ] 12(b)(1) lack of jurisdiction over the subject matter; [ ] 12(b)(2) lack of jurisdiction over the person; [ ] 12(b)(3) improper venue; [ ] 12(b)(4) insufficiency of process; [ ] 12(b)(5) insufficiency of service of process; [ ] 12(b)(6) failure to state a claim upon which relief can be granted; [ ] 12(b)(7) failure to join a party under Rule 19.

MEMORANDUM OF POINTS AND AUTHORITIES

[Statement of facts. Argument applying the selected Rule 12(b) ground(s) to those facts. On a Rule 12(b)(6) motion, the argument is that the complaint, accepting its well-pleaded facts as true, fails to state a claim upon which relief can be granted. Alaska sets no general page limit on this memorandum; the only five-page cap in Rule 77 applies to motions for reconsideration under Rule 77(k)(2).]

RELIEF REQUESTED

For the reasons stated, Defendant requests that the Court enter an order dismissing the complaint, together with such other relief as the Court deems just and proper.

DATED this ____ day of ________, 20.

                                    ______________________________
                                    [ATTORNEY / SELF-REPRESENTED PARTY NAME]
                                    [Alaska Bar No., if attorney]
                                    [Address]
                                    [Telephone / Email]

[PROPOSED] ORDER

Unless the moving party is self-represented, attach a proposed order for the Court's signature under Alaska R. Civ. P. 77(b)(3): "Upon consideration of Defendant's Motion to Dismiss, and good cause appearing, IT IS ORDERED that the motion is GRANTED and the complaint is DISMISSED. DATED: __________ ______________________ Superior Court Judge."

CERTIFICATE OF SERVICE

I certify that on ________, 20, a true and correct copy of the foregoing Motion to Dismiss was served on [PLAINTIFF / PLAINTIFF'S COUNSEL] at [address] by [e-service / mail / personal delivery].

                                    ______________________________
                                    [NAME]

Alaska Requirements for Motion to Dismiss

Move before pleading, within the 20-day answer window

Under Alaska R. Civ. P. 12(b) and 12(a), a motion making any Rule 12(b) defense must be made before pleading, in the same window as the answer: within 20 days after service of the summons and complaint, or 40 days where the defendant is the state or an agency or where service is made in a foreign country.

Use the motion to toll the answer clock

Under Rule 12(a), serving a Rule 12(b) motion alters the answer periods. If the court denies the motion or postpones its disposition to trial on the merits, the responsive pleading is served within 10 days after notice of the court's action; if the court grants a motion for a more definite statement, the answer is due within 10 days after that statement is served.

Select your grounds under Rule 12(b)

Rule 12(b) enumerates seven defenses that may, at the option of the pleader, be made by motion: (1) lack of jurisdiction over the subject matter; (2) lack of jurisdiction over the person; (3) improper venue; (4) insufficiency of process; (5) insufficiency of service of process; (6) failure to state a claim upon which relief can be granted; and (7) failure to join a party under Rule 19. Rule 12(h)(1) waives the personal-jurisdiction, venue, process, and service defenses if they are omitted from a consolidated motion or the responsive pleading.

Use Rule 12(b)(6) for failure to state a claim

Rule 12(b)(6), failure to state a claim upon which relief can be granted, is the Alaska analog to federal Rule 12(b)(6). It tests whether the complaint, accepting its well-pleaded facts as true, states a legally cognizable claim. Rule 12(h)(2) preserves this defense for later assertion by pleading, by motion for judgment on the pleadings, or at trial.

File a memorandum of points and authorities

Under Rule 77(b), every motion must be served and filed with a brief, complete written statement of the reasons in support, which shall include a memorandum of the points and authorities the moving party will rely on. Alaska sets no general page limit on a dismissal memorandum; the only five-page cap in Rule 77 applies to motions for reconsideration under Rule 77(k)(2).

Attach a proposed order unless self-represented, and track the 15-day opposition

Rule 77(b)(3) requires an appropriate order for the court's signature to accompany the motion if granted, except that a self-represented party is not required to file a proposed order. Under Rule 77(c)(2)(B), opposition to a motion to dismiss is due 15 days from service, longer than the ordinary 10-day window, and the moving party may reply within 5 days of the opposition under Rule 77(d).

File in the Superior Court and serve the papers

File the motion in the Superior Court, Alaska's trial court of general jurisdiction, with the clerk of the court named in the summons. The Superior Court hears civil claims over $100,000 per defendant and equitable relief, while the District Court handles civil claims up to $100,000 per defendant. Serve the motion on the opposing party with a certificate of service.

Keep the motion non-frivolous under Rule 77(j)

Rule 77(j) authorizes the court to award costs and attorney's fees against a party who files a frivolous motion or a motion filed for the purpose of delay. A motion to dismiss should rest on a genuine Rule 12(b) ground supported by the memorandum of points and authorities.

Frequently Asked Questions

File a motion to dismiss under Alaska R. Civ. P. 12(b) in the Superior Court where the action is pending, with the clerk of the court named in the summons. Under Rule 77(b), serve and file the motion with a brief written statement of reasons including a memorandum of points and authorities, and a proposed order for the court's signature unless you are self-represented. Make the motion before pleading, that is, before your answer is due.

A Rule 12(b) motion must be made before pleading, in the same window as the answer under Rule 12(a): within 20 days after service of the summons and complaint, or 40 days where the defendant is the state or an agency or where service is made in a foreign country. Serving the motion before the answer tolls that window, and if the court denies the motion the responsive pleading is due within 10 days after notice of the ruling.

Alaska R. Civ. P. 12(b) governs the pre-answer motion filed in the Superior Court. Its procedural objections challenge whether the case can proceed: lack of subject-matter or personal jurisdiction, improper venue, and insufficiency of process or its service. Separate is the merits ground, failure to state a claim upon which relief can be granted, Alaska's analog to federal Rule 12(b)(6). A defendant may also move for failure to join a party required under Rule 19.

No. Alaska has no statewide meet-and-confer requirement as a precondition to a Rule 12(b) motion. Neither Rule 12 nor the general motion practice in Rule 77 conditions a motion to dismiss on a prior conference. The only good-faith-conferral certification in Rule 77 applies to a motion for expedited consideration by represented parties under Rule 77(g)(4), not to the motion to dismiss itself.

Denial restarts your answer clock rather than ending the case. Under Alaska R. Civ. P. 12(a), serving the Rule 12 motion suspends the 20-day answer window; if the court denies the motion or holds it for trial, you must serve the responsive pleading within 10 days after notice of the court's action. The suit then moves forward on the merits, and the defenses you raised stay preserved for later.

File in the Superior Court, Alaska's trial court of general jurisdiction, in the case where the action is pending, with the clerk of the court named in the summons. The Superior Court hears civil claims over $100,000 per defendant and equitable relief, while the District Court handles civil claims up to $100,000 per defendant. The Alaska Rules of Civil Procedure govern the motion.