Alaska Rules of Civil Procedure
Does a process server have to be licensed in Alaska?
Yes.
Alaska Process Server Licensing Requirements
Process servers must be licensed by the Commissioner of Public Safety. A surety bond of $15,000 must be posted by each process server. The bond applies principally to theft that may arise out of levies and executions. In order to receive a process server’s license, all applicants must pass a written examination. [Alaska Administrative Code, Title 13, section 067.5 thru 067.100]
Alaska Service of Process Laws to Note
The Federal Law on this subject is covered in Title 18 U.S.C. § 1501, which provides in relevant part: Assault on Process Server Whoever knowingly and willingly obstructs, resists or opposes any officer of the United States, or other person duly authorized, in serving, or attempting to serve or execute, any legal or judicial writ or process of any court of the United States…shall, except as otherwise provided by law, be fined not more than $300 or imprisoned not more than one year, or both.
Alaska Rules of Civil Procedure
Please note that lobbyists are active in Alaska and laws concerning civil procedure and process serving can change. Therefore the information listed below may have been amended. For updated process serving legislation, please visit the Alaska Judiciary and Courts web site.
Rule 4. Process.
(a) Summons - Issuance.Upon the filing of the complaint the clerk shall forthwith issue a summons and deliver it to the plaintiff or the plaintiff’s attorney, who shall cause the summons and a copy of the complaint to be served in accordance with this rule. Upon request of the plaintiff separate or additional summonses shall issue against any defendants.
(b) Summons - Form.The summons shall be signed by the clerk, be under the seal of the court, contain the name of the court and the names of the parties, be directed to the defendant, state the name and address of the plaintiff’s attorney, if any, otherwise the plaintiff’s address, and the time within which these rules require the defendant to appear and defend, and shall notify the defendant that in case of defendant’s failure to do so judgment by default will be rendered against the defendant for the relief demanded in the complaint.
(c) Methods of Service - Appointments to Serve Process - Definition of Peace Officer- Service of all process shall be made by a peace officer, by a person specially appointed by the Commissioner of Public Safety for that purpose or, where a rule so provides, by registered or certified mail.
- A subpoena may be served as provided in Rule 45 without special appointment.
- Special appointments for the service of all process relating to remedies for the seizure of persons or property pursuant to Rule 64 or for the service of process to enforce a judgment by writ of execution shall only be made by the Commissioner of Public Safety after a thorough investigation of each applicant, and such appointment may be made subject to such conditions as appear proper in the discretion of the Commissioner for the protection of the public. A person so appointed must secure the assistance of a peace officer for the completion of process in each case in which the person may encounter physical resistance or obstruction to the service of process.
- Special appointments for the service of all process other than the process as provided under paragraph (3) of this subdivision shall be made freely when substantial savings in travel fees and costs will result.
- The term “peace officer” as used in these rules shall include any officer of the state police, members of the police force of any incorporated city, village or borough, United States Marshals and their deputies, other officers whose duty is to enforce and preserve the public peace, and within the authority conferred upon them, persons specially appointed pursuant to paragraph (3) of this subdivision.
You should contact an Alaska Process Server if you have specific questions about Process Serving in Alaska.