Alaska Instruction to Jury that Property Interest is Necessary to Maintain an Action for Conversion

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Description

A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft.


In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must prove that he or she demanded the property returned and the defendant refused to do so.

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FAQ

403 Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time.

On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...

Rule 40 - Index to Cases (a) The court system shall maintain an index by last name of every party named in every case filed, regardless of whether a party's true name is protected in the public index under paragraphs (b) or (c) of this rule.

Every judgment must be set forth on a separate document distinct from any findings of fact, conclusions of law, opinion, or memorandum. Entry of the judgment shall not be delayed, nor the time for appeal extended, for the taxing of costs or the award of fees.

The Rule 45 commencement date for a new charge arising out of the same criminal episode shall be the same as the commencement date for the original charge, unless the evidence on which the new charge is based was not available to the prosecution on the commencement date for the original charge.

Rule 35.1 - Post-Conviction Procedure (a)Scope . A person who has been convicted of or sentenced for a crime may institute a proceeding for post- conviction relief under AS 12.72. 010 - 12.72. (b)Not a Substitute for Remedies in Trial Court - Replaces All Other Remedies for Challenging the Validity of a Sentence.

Rule 33 - New Trial (a)Grounds. The court may grant a new trial to a defendant if required in the interest of justice. (b)Subsequent Proceedings. If trial was by the court without a jury, the court may vacate the judgment if entered, take additional testimony and enter a new judgment.

You are more than 70 years of age. You have already served as a grand or petit juror in federal/state court within the last two years. You serve as a volunteer firefighter or a member of a rescue squad or ambulance crew for any federal, state or local government agency.

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Alaska Instruction to Jury that Property Interest is Necessary to Maintain an Action for Conversion