Alaska Motion to Set Aside a Judgment

Q: How long do I have to file a motion to set aside a judgment in Alaska?

Under Alaska Civil Rule 60(b), the motion must be made within a reasonable time, and for reasons (1) mistake, inadvertence, surprise or excusable neglect, (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b), and (3) fraud, misrepresentation, or other misconduct of an adverse party not more than one year after the date of notice of the judgment or orders as defined in Civil Rule 58.1(c). The year runs from that notice date. Filing early is safer, because the court decides whether relief is granted.

Q: Is there a deadline to set aside a void judgment in Alaska?

The motion must still be made within a reasonable time. Form CIV-807 says that for a void judgment it must be a reasonable amount of time since the court distributed the judgment or order. The court decides what is reasonable on your facts.

Q: Is there an Alaska court form to set aside a judgment?

Yes. CIV-807 is a court motion and affidavit to set aside a judgment or order under Civil Rule 60. It is signed under penalty of perjury before a notary public, court clerk, or other authorized person. If you do not have access to any of these people, CIV-807 says you may be able to use self-certification. If more than 1 year has passed, CIV-807 says to attach a Notice of Motion, CIV-650.

Q: Does filing a motion to set aside stop collection of an Alaska judgment?

No, not by itself. Civil Rule 60(b) says the motion does not affect the finality of a judgment or suspend its operation. If you need collection paused while the motion is pending, ask the court for a stay in writing.

Q: What are the grounds to set aside a judgment in Alaska?

Civil Rule 60(b) lists six numbered reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; and (6) any other reason justifying relief from the operation of the judgment. Reasons (1), (2) and (3) must be raised within a reasonable time and not more than one year after the date of notice of the judgment; the others need a reasonable time. The motion should state the facts that support it, and the court decides whether the reason is shown.

Q: How do I set aside an Alaska small claims default judgment?

Small claims uses form SC-24, Request and Order to Set Aside Default Judgment, under District Court Civil Rule 19 and Civil Rule 60(b). It asks why you did not file an answer or appear for trial, what facts you can prove, and whether you ask to file an attached answer. The other party has 10 days (13 days if mailed) from service to respond, and may use form SC-27.

Q: Can I file a separate lawsuit to undo an Alaska judgment?

Civil Rule 60(b) preserves the court's power to entertain an independent action to relieve a party from a judgment, to grant relief to a defendant not personally served, or to set aside a judgment for fraud upon the court. Writs of coram nobis, coram vobis and audita querela are abolished. A lawyer can tell you whether an independent action fits your facts.

Q: How is an Alaska default judgment set aside?

Civil Rule 55(e) says the court may set aside an entry of default for good cause shown and, if a default judgment has been entered, may set it aside in accordance with Rule 60(b). See the Alaska set-aside-default page for the default-specific steps.

Rule 60(b): reasonable time; for mistake, fraud, etc. (reasons 1-3), also max 1 year from notice.

Find out where you stand in Alaska

What kind of judgment do you want vacated?

DocDraft provides document preparation, not legal advice.

Introduction

Alaska uses a Civil Rule 60(b) motion for relief from a judgment. For reasons (1)-(3), such as mistake or fraud, file within a reasonable time and not more than one year after the date of notice of the judgment. A void judgment needs a reasonable time.

Key Things to Know

1
Alaska's term is relief from a judgment or order, and the court forms say set aside. Under Alaska R. Civ. P. 60(b), on motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the reasons the rule lists. The court decides whether to grant relief.
2
Rule 60(b) lists six numbered reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; and (6) any other reason justifying relief from the operation of the judgment. Reasons (1), (2) and (3) have a one-year limit; reasons (4), (5) and (6) need a reasonable time. Name the numbered reason you rely on and the facts behind it.
3
The motion must be made within a reasonable time, and for reasons (1) mistake, inadvertence, surprise or excusable neglect, (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b), and (3) fraud, misrepresentation, or other misconduct of an adverse party not more than one year after the date of notice of the judgment or orders as defined in Civil Rule 58.1(c). The clock runs from that notice date. For a void judgment, form CIV-807 says it must be a reasonable amount of time since the court distributed the judgment or order.
4
Filing does not by itself stop enforcement. Rule 60(b) says a motion under that subdivision does not affect the finality of a judgment or suspend its operation. If you need enforcement paused, ask the court for a stay in writing.
5
Court form CIV-807 is a motion and affidavit. You swear or affirm under penalty of perjury that its statements are true, and a notary public, court clerk, or other authorized person fills out the signature section after watching you sign. If none is available, you may be able to use self-certification. If more than 1 year has passed since the judgment or order, CIV-807 says a Notice of Motion, CIV-650, is required.
6
Rule 60(b) preserves the court's power to entertain an independent action, to grant relief to a defendant not personally served, or to set aside a judgment for fraud upon the court. Writs of coram nobis, coram vobis and audita querela are abolished.
7
For a small claims default judgment, form SC-24 is the Request and Order to Set Aside Default Judgment under District Court Civil Rule 19 and Civil Rule 60(b); the other party has 10 days (13 if mailed) from service to respond. Under Civil Rule 55(e), any default judgment may be set aside in accordance with Rule 60(b). Also see /legal-document/set-aside-default/alaska.

Key decisions before you file

Before you file a Motion to Vacate in Alaska, a few decisions shape the document: which option to choose and what each one means. The Motion to Vacate guide walks through them.

Open the Motion to Vacate guide

Customize your Motion to Vacate Template with DocDraft

IN THE [DISTRICT OR SUPERIOR] COURT FOR THE STATE OF ALASKA AT [CITY]

[PLAINTIFF NAME], Plaintiff,

[DEFENDANT NAME], Defendant. Case No. [CASE NUMBER]

MOTION TO SET ASIDE JUDGMENT OR ORDER (Alaska R. Civ. P. 60(b))

[MOVANT NAME], the [PLAINTIFF OR DEFENDANT], moves the Court under Civil Rule 60(b) to relieve the movant from the judgment or order described below.

THE JUDGMENT OR ORDER On [DATE JUDGMENT ENTERED], the Court entered a [JUDGMENT OR ORDER] against the movant in favor of [OPPOSING PARTY NAME] for $[AMOUNT] or granting [OTHER RELIEF ORDERED]. The date of notice of the judgment under Civil Rule 58.1(c) was [DATE OF NOTICE OF JUDGMENT].
GROUNDS [IF GROUND (1): Under Civil Rule 60(b)(1), relief is warranted for mistake, inadvertence, surprise or excusable neglect because [FACTS].]

[IF GROUND (2): Under Civil Rule 60(b)(2), there is newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b): [EVIDENCE].]

[IF GROUND (3): Under Civil Rule 60(b)(3), relief is warranted for fraud, misrepresentation, or other misconduct of an adverse party: [FACTS].]

[IF GROUND (4): Under Civil Rule 60(b)(4), the judgment is void because [FACTS SHOWING WHY THE JUDGMENT IS VOID].]

[IF GROUND (5): Under Civil Rule 60(b)(5), the judgment has been [SATISFIED, RELEASED, OR DISCHARGED], or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application, because [FACTS].]

[IF GROUND (6): Under Civil Rule 60(b)(6), there is another reason justifying relief from the operation of the judgment, namely [FACTS].]

TIMELINESS [IF GROUND (1), (2) OR (3): For a reason under Civil Rule 60(b)(1), (2) or (3), this motion is made within a reasonable time and not more than one year after [DATE OF NOTICE OF JUDGMENT], the date of notice of the judgment.] [IF GROUND (4): This motion is made within a reasonable time since the court distributed the judgment or order on [DATE DISTRIBUTED], because [REASON FOR THE TIMING].] [IF GROUND (5) OR (6): This motion is made within a reasonable time, because [REASON FOR THE TIMING].] [IF APPLICABLE: More than one year has passed since the judgment or order, and a Notice of Motion is attached.]
STAY OF ENFORCEMENT [IF APPLICABLE: The movant asks the Court to stay enforcement of the judgment while this motion is pending, on terms the Court finds just.]

WHEREFORE, the movant asks the Court to: (a) set aside the [JUDGMENT OR ORDER] entered on [DATE JUDGMENT ENTERED]; (b) [IF APPLICABLE: stay enforcement while this motion is pending]; and (c) grant any other relief that is just.

AFFIDAVIT I swear or affirm under penalty of perjury that all of the statements in this motion and any attached pages are true to the best of my knowledge and belief.

Date: [DATE SIGNED]

[MOVANT SIGNATURE] [MOVANT PRINTED NAME] [MOVANT MAILING ADDRESS, PHONE AND EMAIL]

Subscribed and sworn to or affirmed before me on [DATE] at [CITY], Alaska.

[NOTARY PUBLIC, CLERK OR OTHER AUTHORIZED PERSON] [IF APPLICABLE: My commission expires [DATE]]

CERTIFICATE OF SERVICE I certify that on [DATE OF SERVICE] a copy of this motion was [MAILED, HAND DELIVERED OR EMAILED] to [NAME OF EACH PARTY OR ATTORNEY SERVED] at [ADDRESS OR EMAIL USED].

[MOVANT SIGNATURE]

Alaska Requirements for Motion to Vacate

Civil Rule 60(b) Motion
Alaska R. Civ. P. 60(b): on motion and upon such terms as are just, the court may relieve a party from a final judgment, order, or proceeding for the six listed reasons: mistake, inadvertence, surprise or excusable neglect; newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b); fraud, misrepresentation, or other misconduct; a void judgment; the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or any other reason justifying relief.
One Year From Notice
Civil Rule 60(b): within a reasonable time, and for reasons (1) mistake, inadvertence, surprise or excusable neglect, (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b), and (3) fraud, misrepresentation, or other misconduct not more than one year after the date of notice of the judgment or orders as defined in Civil Rule 58.1(c).
Void Judgment Timing
Form CIV-807: for a void judgment, it must be a reasonable amount of time since the court distributed the judgment or order.
No Automatic Stay
Civil Rule 60(b): a motion under subdivision (b) does not affect the finality of a judgment or suspend its operation. Ask the court for a stay separately.
CIV-807 Sworn Motion
CIV-807 is signed under penalty of perjury before a notary public, court clerk, or other authorized person; if none of them is available, you may be able to use self-certification. A Notice of Motion, CIV-650, is required if more than 1 year has passed.
Independent Action and Fraud on the Court
Civil Rule 60(b) preserves an independent action, relief to a defendant not personally served, and setting aside a judgment for fraud upon the court. Coram nobis, coram vobis and audita querela are abolished.
Small Claims SC-24
SC-24, Request and Order to Set Aside Default Judgment (District Court Civil Rule 19; Civil Rule 60(b)). The other party has 10 days (13 if mailed) from service to respond.
Reason and Notice Date
State the Civil Rule 60(b) reason relied on, the supporting facts, the date of notice of the judgment, and why the motion is within one year or a reasonable time.

Frequently Asked Questions

How long do I have to file a motion to set aside a judgment in Alaska?

Is there a deadline to set aside a void judgment in Alaska?

Is there an Alaska court form to set aside a judgment?

Does filing a motion to set aside stop collection of an Alaska judgment?

What are the grounds to set aside a judgment in Alaska?

How do I set aside an Alaska small claims default judgment?

Can I file a separate lawsuit to undo an Alaska judgment?

How is an Alaska default judgment set aside?

Find out where you stand in Alaska

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion to Vacate Template with DocDraft

Alaska Requirements for Motion to Vacate

Civil Rule 60(b) Motion

One Year From Notice

Void Judgment Timing

No Automatic Stay

CIV-807 Sworn Motion

Independent Action and Fraud on the Court

Small Claims SC-24

Reason and Notice Date

Frequently Asked Questions