IN THE SUPREME COURT OF THE STATE OF ALASKA

                      ORDER NO.    1283    

                                  Amending Civil Rule 41 and
                                  Appellate Rule 511 concerning
                                  dismissal. 

IT IS ORDERED:

    1.   Subparagraph (a)(1) of Civil Rule 41 is amended to read:

              (a)  Voluntary Dismissal   Effect
Thereof. 

              (1)  By Plaintiff   By Stipulation.
Subject to the provisions of Rule 23(c), of Rule 66 and of any
statute of the state, an action may be dismissed by the plaintiff
without an order of the court: [a] by filing a notice of dismissal
at any time before service by the adverse party of an answer or of
a motion for summary judgment, whichever first occurs; or [b] by
filing a stipulation of dismissal signed by all parties who have
appeared in the action.  The notice or stipulation must include a
certification that the settlement information required under AS
09.68.130 and (a)(3) of this rule has been submitted to the Alaska
Judicial Council or that the case is exempt from this requirement
because it is one of the types listed in (a)(3) or because all
causes of action accrued before August 7, 1997.  Unless otherwise
stated in the notice of dismissal or stipulation, the dismissal is
without prejudice, except that a notice of dismissal operates as an
adjudication upon the merits when filed by a plaintiff who has once
dismissed in any court of this state, or of any other state, or in
any court of the United States, an action based on or including the
same claim.  

    2.   Paragraph (a) of Civil Rule 41 is amended by adding a new
subparagraph (3) to read:

              (3)  [Applicable to causes of action
accruing on or after August 7, 1997.] Settlement Information. If a
voluntary dismissal under this rule is the result of compromise or
other settlement of the parties, the parties shall submit to the
Alaska Judicial Council the information required under AS
09.68.130.  The following types of cases are exempt from this
requirement:

              (A)  divorce and dissolution;

              (B)  adoption, custody, support,
visitation, and emancipation of children;

              (C)  children-in-need-of-aid cases under
AS 47.10 or delinquent minors cases under 47.12;

              (D)  domestic violence protective orders
under AS 18.66.100 - 18.66.180;

              (E)  estate, guardianship, and trust
cases filed under AS 13;

              (F)  small claims under AS 22.15.040.

    3.   Existing paragraph (c) of Appellate Rule 511 is
relettered as paragraph (f):

              (f)  Mandate Not Required. No mandate
shall issue on a dismissal under this rule or Rule 511.5 without an
order of the court. However, the clerk shall notify the court whose
judgment was appealed.

    4.   Appellate Rule 511 is amended by adding a new paragraph
(c) to read:

              (c)  An agreement or motion for dismissal
filed under (a) or (b) of this rule must include a certification
that the settlement information required under AS 09.68.130 and (e)
of this rule has been submitted to the Alaska Judicial Council or
that the case is exempt from this requirement because it is one of
the types listed in (e) or because all causes of action accrued
before August 7, 1997.

    5.   Appellate Rule 511 is amended by adding a new paragraph
(e) to read:

              (e)  [Applicable to causes of action
accruing on or after August 7, 1997.] Settlement Information. If a
dismissal under (a) or (b) of this rule is the result of a
compromise or other settlement between the parties, the parties
shall submit to the Alaska Judicial Council the information
required under AS 09.68.130.  The following types of cases are
exempt from this requirement:

              (1)  divorce and dissolution;

              (2)  adoption, custody, support,
visitation, and emancipation of children;

              (3)  children-in-need-of-aid cases under
AS 47.10 or delinquent minors cases under 47.12;

              (4)  domestic violence protective orders
under AS 18.66.100 - 18.66.180;

              (5)  estate, guardianship, and trust
cases filed under AS 13;

              (6)  small claims under AS 22.15.040.

    6.   The amendments adopted by paragraphs 2 and 5 of this
order apply to causes of action that accrue on or after August 7,
1997.


DATED:         August 7, 1997         

EFFECTIVE DATE:    September 2, 1997  



                                  _______________________________
                                  Chief Justice Matthews


                                  _______________________________
                                  Justice Compton


                                  _______________________________
                                  Justice Eastaugh


                                  _______________________________
                                  Justice Fabe
    

                                  _______________________________
                                  Justice Bryner