Rule 10 - Exemption from Payment of Fees - Determination of Indigency(a) The determination of a person's indigency for purposes of exemption from payment of fees under Rule 9(f)(1) shall be made by the court in which the action is filed as soon as practicable after the date the action is filed, but in no event more than 60 days after that date. (b) A person who requests an exemption of fees shall file an indigency statement on a form prescribed by the administrative director of courts, except that a person represented by an attorney furnished by the Alaska Legal Services Corporation, the Alaska Pro Bono Program, the Alaska Network on Domestic Violence and Sexual Assault Pro Bono Program, or the Alaska Native Justice Center need not file such a form. (c) If a person files the documents required by subparagraph (b) of this rule, or is represented by an attorney furnished by the Alaska Legal Services Corporation, the Alaska Pro Bono Program, the Alaska Network on Domestic Violence and Sexual Assault Pro Bono Program, or the Alaska Native Justice Center, the clerk or magistrate judge shall accept the pleadings for filing without payment of the filing fee. (d) If the court finds that the person is not indigent, it shall order the person to pay the filing fee. The court may continue the action until such payment is made. If payment is not made within 30 days after notice of the order, the court may dismiss the action. (e) The provisions of this rule do not apply to an exemption from payment of filing fees in litigation against the state. In this paragraph, "litigation against the state" has the meaning given in AS 09.19.100. Adopted by SCO 412 effective 7/1/1980; amended by SCO 888 effective 7/15/1988; by SCO 908 effective 1/15/1989; by SCO 1237 effective 7/15/1996; by SCO 1341 effective 9/10/1998; by SCO 1357 effective 7/21/1999; and by SCO 1790 effective 10/15/2012; amended by SCO 1829 effective 10/15/2014.Note to SCO 1237: Administrative Rule 10(e) was added by ch. 79 § 16 SLA 1995. Section 1 of this order is adopted for the sole reason that the legislature has mandated the amendment.
Section 3 of chapter 95 SLA 1998 amends the definition of prisoner litigation against the state that appears in AS 09.19.100(1). According to section 14 of the act, this amendment has the effect of changing Administrative Rule 10(e) by expanding the definition of `litigation against the state' so that it has the meaning given in AS 09.19.100 as amended by sec. 3 of this Act."