Alaska Court System, CIV-720 Eviction Booklet

Citation: Alaska Court System, CIV-720 Eviction Booklet
Jurisdiction: Alaska (state)
Source: Official source
Original Source: https://public.courts.alaska.gov/web/forms/docs/civ-720.pdf ↗

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Civil Rule 17(a) requires actions to be prosecuted in the name of the real party in interest.
This rule also allows, however, that “a party with whom or in whose name a contract has been
made for the benefit of another . . . may sue in that person’s own name without joining the party
for whose benefit the action is brought.” Also see the statutes concerning Alaska’s statutory form
power of attorney, AS 13.26.332 and AS 13.26.344(i).
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AS 22.20.040(a) states that “an action or proceeding may be prosecuted or defended by a party
in person or by attorney.” AS 22.20.040(a)(2) requires that corporations be represented in court
by attorneys, unless there is an explicit exception in the law.
In Christensen v. Melinda, 857 P.2d 345 (Alaska 1993), the Alaska Supreme Court determined that a
person with a power of attorney is not entitled to represent the principal (the person who granted the
power) in court. If the person who holds the power of attorney files a suit on behalf of the principal,
CIV-720 EVICTION BOOKLET (8/23) 6
G. Where to File
The lawsuit to get possession of the property must be filed in the judicial district
where the property is located. Civil Rule 3. Information on how to determine
where to file your lawsuit is available in Appendix 2 on page 28. If the value of
the past due rent and damage to the property is $100,000 or less, you must file
your case in the district court. AS 22.15.030(a)(6) and (b). If it is greater than
$100,000, you must file your case in superior court.3