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Alaska Complaint for on Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees - Breach of Oral or Implied Contracts

Category:
Civil Procedure - Complaints
State:
Multi-State
Control #:
US-02006BG
Format:
Word; 
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Description

An open account is created when the parties intend that the individual items of the account will not be considered independently, but as a connected series of transactions. In addition, the parties must intend that the account will be kept open and subject to a shifting balance as additional related entries of debits and credits are made, until either party decides to settle and close the account. In an open account, there is but one single and indivisible liability arising from the series of related and reciprocal debits and credits. This single liability is to be fixed at the time of settlement, or following the last pertinent entry of the account.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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  • Preview Complaint for on Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees - Breach of Oral or Implied Contracts
  • Preview Complaint for on Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees - Breach of Oral or Implied Contracts

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FAQ

Rule 82 - Attorney's Fees (a)Allowance to Prevailing Party. Except as otherwise provided by law or agreed to by the parties, the prevailing party in a civil case shall be awarded attorney's fees calculated under this rule.

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 ...

A parent or guardian of a minor who has a claim against another person has the power to execute a full release or a covenant not to sue, or to execute a stipulation for entry of judgment on such claim.

72. Rule 72 - Eminent Domain (a)Applicability of Other Rules. The procedure for the condemnation of property under the power of eminent domain is governed by the Civil Rules, except as otherwise provided in this rule.

Rule 82 - Attorney's Fees (a)Allowance to Prevailing Party. Except as otherwise provided by law or agreed to by the parties, the prevailing party in a civil case shall be awarded attorney's fees calculated under this rule.

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.

Upon notice to every other party and upon leave of court, a party may deposit with the court all or any part of any sum of money or any other thing capable of physical delivery which is the subject of the action or due under a judgment.

Rule 90 - Contempts (a)Contempt in Presence of Court. A contempt may be punished summarily if the judge certifies that the judge saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the court.

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