Alaska State Process Server

In Alaska, the rules for process serving are outlined in the Alaska Rules of Civil Procedure. Here is an overview of the key provisions:

1. Who Can Serve Process

Alaska Rule of Civil Procedure 4(d) states that service of process may be made by any person who is not a party to the case and who is at least 18 years old. This can be done by a sheriff, a deputy, or a private process server.

2. Methods of Service

Personal Service (Rule 4(e)): A summons and complaint must be delivered directly to the defendant in person.
Service by Mail (Rule 4(g)): Service can be made by certified mail with return receipt requested. This is often used for non-urgent cases and when the defendant resides in another location.
Service by Publication (Rule 4(f)): If the defendant cannot be located for personal service, service may be made by publication in a newspaper. This requires approval from the court.
Service on Corporations or Entities (Rule 4(d)(2)): A corporation, partnership, or unincorporated association must be served through a designated agent, or the person in charge of the office or business at the time of service.

3. Proof of Service

After service is made, the process server must file proof of service with the court. This could be in the form of an affidavit stating how, when, and where the service was made.

4. Time Limitations for Service

In Alaska, the summons must be served within 120 days after the filing of the complaint, or else the case may be dismissed unless the court grants an extension.

5. Substitute Service

Substitute Service (Rule 4(e)(2)): If the defendant is unavailable or refusing to accept service, process may be left with an individual at the defendant’s residence or place of business, or even at their designated agent.

6. Service on Minors or Incompetents

If the defendant is a minor or legally incompetent, service must also be made on the defendant’s guardian or representative.

7. Service on Government Entities

For service on state or municipal entities, specific rules must be followed, such as serving the appropriate officer or agency and, in some cases, the Attorney General.