(Download) "Jewell Ford v. Municipality Anchorage" by Supreme Court of Alaska * eBook PDF Kindle ePub Free

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Title: Jewell Ford v. Municipality Anchorage
Author : Supreme Court of Alaska
Release Date : January 21, 1991
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 64 KB

Description

This case involves a single issue: does Alaska Civil Rule 16.1(g) provide the exclusive procedure for dismissing "fast-track"
1 cases for failure to prosecute, or may a trial court dismiss a fast-track case under Civil Rule 41(e). Rule 16.1(g) provides
that the court will transfer a fast-track case to the inactive calendar if a motion to set trial is not filed within 270 days
after service of the summons and complaint. If the plaintiff still does not move to set trial and fails to convince the court
that good cause exists to continue the case on the inactive calendar, the court will dismiss the case after 60 days on the
inactive calendar. Here, the superior court failed to transfer Ford's suit to the inactive calendar. More than a year passed without any proceedings,
so the court dismissed the case pursuant to Rule 41(e). We conclude that Rule 16.1(g) entitles the plaintiff in a fast-track
case to notification of transfer of the case to the inactive calendar. Since the court dismissed Ford's case without such
notification, we vacate the dismissal and remand to the superior court for transfer to the inactive calendar.