How to File a Complaint for Malpractice in Alaska’s General District Court (GCD) Article 1.
The court must be open for business The court is open for regular business.
The case must be assigned to the assigned court The court’s assigned court must assign the case to the appropriate court.
The matter must be heard by a judge or judge’s assistant.
The issue must be filed with the court within two weeks of the date the court’s court was opened for business.
The charge must be resolved within seven days of the hearing.
The record must be sealed.
The hearing must be public.
The complaint must be made within two months of the filing date.
The district attorney must serve the complaint.
The presiding judge must hear the case.
The judge may issue a written order, if the court has jurisdiction.
If a court issues an order of dismissal, the clerk must serve a copy of the order in writing to the person who made the claim against the district attorney.
If an order is entered dismissing a case, the court may vacate the dismissal order.
If the court does not dismiss a case within a period of time specified in the order, the party who filed the claim must file a motion to stay the order pending appeal.
If no party files a motion, the judge may enter a judgment of conviction.
The judgment of judgment must be entered within ten days of service of the judgment on the person making the claim.
The defendant must pay the plaintiff or a person named in the judgment to the district court.
The plaintiff may recover attorneys fees and court costs.
If both parties agree, a hearing is held within ten calendar days of an order that dismisses a case.
If neither party files an appeal within ten months of a decision of dismissal of the case, either party may file an appeal.
The party who files an appellate claim must pay an attorney’s fee and court expenses.
The person making a claim against a district attorney for malefactors may appeal the decision to the Alaska Court of Appeals.
The parties may agree to a written record, if available, of the facts and evidence.
If either party refuses to provide the record to the court, the district will issue a statement of reasons to the presiding judge, who shall hold a hearing to determine whether the parties are able to meet the burden of proof.
The ruling is final and cannot be appealed to the Supreme Court.