Practical Tips: Always double-check the documents for the court seal, clerk’s signature, and date before attempting service – these elements are required for validity?.
When serving individuals, verify identity (ask for name or ID if possible) to ensure the right person is served. If serving a minor or incompetent person, remember to serve their guardian as required by Rule 4(d).
Consider the elements of each for your upcoming quiz and the certification exam:
Individuals. Upon an individual other than an infant or an incompetent person, by delivering a copy of the summons and of the complaint to the individual personally, or by leaving copies thereof at the individual’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process.
Infants. Upon an infant, by delivering a copy of the summons and complaint to such infant personally, and also to the infant’s father, mother or guardian, or if there be none within the state, then to any person having the care or control of such infant, or with whom the infant resides, or in whose service the infant is employed; or if any service cannot be made upon any of them, then as provided by order of the court.
Incompetent Persons. Upon an incompetent person, by delivering a copy of the summons and complaint personally—
(A) To the guardian of the person or a competent adult member of the person’s family with whom the person resides, or if the person is living in an institution, then to the director or chief executive officer of the institution, or if service cannot be made upon any of them, then as provided by order of the court; and 19 Rule 4 ALASKA COURT RULES
(B) Unless the court otherwise orders, also to the incompetent person.
(4) Corporations or Limited Liability Companies. Upon a domestic or foreign corporation or limited liability company, by delivering a copy of the summons and of the complaint to a managing member, an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process.
(5) Partnerships. Upon a partnership, by delivering a copy of the summons and of the complaint personally to a general partner of such partnership, or to a managing or general agent of the partnership, or to any other agent authorized by appointment or by law to receive service of process, or to a person having control of the business of the partnership; or if service cannot be made upon any of them, then as provided by order of the court.
(6) Unincorporated Associations. Upon an unincorporated association, by delivering a copy of the summons and the complaint personally to an officer, a managing or general agent, or to any other person authorized by appointment or by law to receive service of process; or if service cannot be made upon any of them, then as provided by order of the court.
(7) State of Alaska. Upon the state, by sending a copy of the summons and the complaint by registered or certified mail to the Attorney General of Alaska, Juneau, Alaska, and
(A) to the chief of the attorney general’s office in Anchorage, Alaska, when the matter is filed in the Third Judicial District; or
(B) to the chief of the attorney general’s office in Fairbanks, Alaska, when the matter is filed in the Fourth Judicial District.
(8) Officer or Agency of State. Upon an officer or agency of the state, by serving the State of Alaska as provided in the preceding paragraph of this rule, and by delivering a copy of the summons and of the complaint to such officer or agency. If the agency is a corporation, the copies shall be delivered as provided in paragraph (4) of this subdivision of this rule.
(9) Public Corporations. Upon a borough or incorporated city, town, school district, public utility district, or other public corporation in the state, by delivering a copy of the summons and of the complaint to the chief executive officer or chief clerk or secretary thereof.
(10) Unknown Parties. Upon unknown persons who may be made parties in accordance with statute and these rules, by publication as provided in subdivision (e) of this rule.
(11) Officer or Agency of State as Agent for Nongovernmental Defendant. Whenever, pursuant to statute, an officer or an agency of the State of Alaska has been appointed as agent to receive service for a non-governmental defendant, or whenever, pursuant to statute, an officer or agency of the State of Alaska, has been deemed, considered or construed to be appointed as agent for a non-governmental defendant by virtue of some act, conduct or transaction of such defendant, service of process shall be made in the manner provided by statute.
(12) Personal Service Outside State. Upon a party outside the state in the same manner as if service were made within the state, except that service shall be made by a sheriff, constable, bailiff, peace officer or other officer having like authority in the jurisdiction where service is made, or by a person specifically appointed by the court to make service, or by service as provided in subsection (h) of this rule. In an action to enforce any lien upon or claim to, or to remove any encumbrance or lien or cloud upon the title to, real or personal property within the state, such service shall also be made upon the person or persons in possession or in charge of such property, if any. Proof of service shall be in accordance with (f) of this rule.
(13) Personal Service in a Foreign Country. Upon an individual in a foreign country—
(A) by any internationally agreed means reasonably calculated to give notice, such as those means authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents;
(B) if there is no internationally agreed means of service or the applicable international agreement allows other means of service, provided that service is reasonably calculated to give notice:
(i) in the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction;
(ii) as directed by the foreign authority in response to a letter rogatory or letter of request; or
(iii) unless prohibited by the law of the foreign country, by delivery to the individual personally of a copy of the summons and the complaint, or by any form of mail requiring a signed receipt by the party to be served, so long as the return receipt is filed with the court; or
(C) by other means not prohibited by international agreement as may be directed by the court. Regardless of which method of service is followed for personal service in a foreign country, before entry of judgment, the court must be satisfied that the method used was a method reasonably likely to effect actual notice.
(e) Other Service. When it shall appear by affidavit of a person having knowledge of the facts filed with the clerk that after diligent inquiry a party cannot be served with process under subsections (d) or (h) of this rule, service shall be made by posting on the Alaska Court System’s legal notice website and as otherwise directed by the court as provided in this subsection. The party who seeks to have service made under this subsection shall include in the affidavit of diligent inquiry a discussion of whether other methods of service listed in paragraph (e)(3) may be more likely to give the absent party actual notice.
In adoption cases, service by posting on the 20 RULES OF CIVIL PROCEDURE Rule 4 Alaska Court System’s legal notice website or by publication will be allowed only if ordered by the court for compelling reasons.
For corporations, identify a manager, officer, or registered agent; never just leave the papers with a low-level employee who is not authorized. After service, fill out your proof of service immediately while details are fresh.