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Alaska Proof of Service

Alaska limits service of a summons to a peace officer, a Department of Public Safety-licensed process server at least 21 years old, or registered or certified mail; there is no general rule letting an adult friend or relative hand-deliver it.

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Where are you with service?

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Introduction

Alaska restricts who may serve a summons more than most states. Rule 4(c) allows service only by a peace officer, a civilian process server licensed by the Commissioner of Public Safety under 13 AAC 67 and at least 21, or registered or certified mail. No rule lets an adult friend or relative hand-deliver initial process, though the plaintiff may mail it themselves under Rule 4(h). Alaska has no single mandatory proof form for personal or mail service; a licensed server's or officer's Return of Service satisfies Rule 4(f), but the plaintiff must still file form CIV-135, the Rule 4(f) Affidavit, and the court's own version controls if required. A non-officer's proof must be a notarized affidavit; an officer's return needs no oath. AS 09.63.020 allows an unsworn perjury certification only when a notary is genuinely unavailable. Personal delivery and leaving copies at the dwelling with a suitable resident are the primary methods. Mail service, return receipt requested, is complete when the receipt is signed; ordinary mail alone does not serve a summons. When diligent inquiry fails, service is by posting on the court system's legal notice website. A summons must be served within 120 days; the clerk then reviews the case and gives 30 more days to show cause before dismissing without prejudice. CIV-135 is due at that point. Later papers go to the opposing party by delivery or mail, complete upon mailing, proven by a certificate of service. Federal, foreign, and government service follow separate rules not covered here. Attorney review is available before you file.

Key Things to Know

  1. 1

    Only a peace officer, a person licensed by the Alaska Department of Public Safety as a process server and at least 21 years old under 13 AAC 67, or registered or certified mail where a rule provides, may serve a summons and complaint; Alaska has no general rule letting any adult non-party serve initial process (Alaska R. Civ. P. 4(c)). Alaska has no single mandatory proof-of-service form for personal or mail service, but the plaintiff must file form CIV-135, the Civil Rule 4(f) Affidavit, and the court's own version of that form controls if one is required.

  2. 2

    A party to the case cannot personally deliver their own summons and complaint; personal or abode service must come from a peace officer or a DPS-licensed process server. The plaintiff may, however, serve by registered or certified mail, return receipt requested, themselves (Alaska R. Civ. P. 4(c), 4(h)).

  3. 3

    A non-officer server proves service with a notarized affidavit under Alaska Rule of Civil Procedure 4(f). A peace officer's return needs no affidavit or oath. An unsworn penalty-of-perjury certification is allowed under AS 09.63.020 only when a notary is genuinely unavailable, and it must state the date and place of execution, that a notary was unavailable, and the exact certification sentence the statute requires.

  4. 4

    Personal delivery to the individual, or leaving copies at the individual's dwelling house or usual place of abode with a person of suitable age and discretion residing there, are the primary methods; Alaska does not require a follow-up mailing after abode service (Alaska R. Civ. P. 4(d)).

  5. 5

    Process may also be served by registered or certified mail, return receipt requested, and service is complete when the return receipt is signed. Ordinary first-class mail alone does not serve a summons (Alaska R. Civ. P. 4(h)). The court's form CIV-106 instructs that certified mail be restricted delivery to the addressee only.

  6. 6

    When a diligent-inquiry affidavit shows a party cannot be served by delivery, abode service, or mail, service is instead made by posting on the Alaska Court System's legal notice website, requested using form CIV-145 (Alaska R. Civ. P. 4(e)).

  7. 7

    A summons must be served within 120 days after the complaint is filed. The clerk reviews the case at that point, and if any defendant is unserved, the plaintiff has 30 more days to show good cause before the court dismisses without prejudice as to that defendant; form CIV-135, reporting every defendant's service status, is due at that same 120-day point (Alaska R. Civ. P. 4(j)).

Key decisions before you file

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

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Alaska Requirements for Proof of Service

  • No General Adult Non-Party Service

    Alaska Rule of Civil Procedure 4(c) limits service of a summons and complaint to a peace officer, a person specially appointed and licensed by the Commissioner of Public Safety as a civilian process server, or registered or certified mail where a rule provides; there is no rule letting any adult non-party friend or relative hand-deliver initial process.

  • Party May Serve Only by Mail

    A party to the case cannot personally deliver their own summons and complaint in Alaska; personal or abode service must come from a peace officer or a Department of Public Safety-licensed process server (Alaska R. Civ. P. 4(c)). The plaintiff may serve by registered or certified mail, return receipt requested (Alaska R. Civ. P. 4(h)).

  • Process Server Licensing Requires Age 21

    A civilian process server must be licensed by the Department of Public Safety under 13 AAC 67 and be at least 21 years old, among other qualifications (Alaska R. Civ. P. 4(c); 13 AAC 67).

  • Registered or Certified Mail Complete on Signed Receipt

    Process may be served by registered or certified mail, return receipt requested, and service is complete when the return receipt is signed. Ordinary first-class mail alone does not serve a summons (Alaska R. Civ. P. 4(h)). Form CIV-106 instructs that certified mail be restricted delivery to the addressee only.

  • 120-Day Service Deadline With Show-Cause Cure

    A summons must be served within 120 days after the complaint is filed. If a defendant remains unserved, the clerk notifies the plaintiff, who has 30 more days to show good cause before the court dismisses without prejudice as to that defendant (Alaska R. Civ. P. 4(j)).

  • Notarized Affidavit Required for Non-Officer Service

    A person other than a peace officer must make a notarized affidavit of service under Alaska Rule of Civil Procedure 4(f). AS 09.63.020 allows an unsworn penalty-of-perjury certification instead only when a notary is genuinely unavailable, using specific required language.

  • CIV-135 Rule 4(f) Affidavit Filing

    The plaintiff must file form CIV-135, the Civil Rule 4(f) Affidavit, reporting the service status of every defendant, by the 120-day point when the clerk reviews the case; the court's own version of that form controls if one is required.

  • Posting on the Court's Legal Notice Website

    When a diligent-inquiry affidavit shows a party cannot be served by delivery, abode service, or mail, service is instead made by posting on the Alaska Court System's legal notice website, requested using form CIV-145 (Alaska R. Civ. P. 4(e)).

  • Certificate of Service for Later Papers

    Proof of service for papers filed after the complaint is a certificate stating who was served and the day and manner of service, shown by written acknowledgment, a certificate of the serving attorney, or an affidavit (Alaska R. Civ. P. 5(f)).

Frequently Asked Questions