Rule 16.2.Informal Trials in Domestic Relations Cases.

Last amended April 15, 2015 · Last verified July 6, 2026

In one sentenceRule 16.2 lets parties in a divorce, custody, or child support case agree to an informal trial in which the judge questions each side directly under relaxed evidence rules instead of running a traditional witness examination.

Full Text of Rule 16.2

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Scope. Informal trials may be held to resolve some or all issues in actions for divorce, property division, child custody, and child support, including motions to modify. This rule applies to trial proceedings and does not modify other Civil Rules.

(b) General. An informal trial is an alternative trial procedure to which the parties, their attorneys, and the court voluntarily agree. Under this model, the court may admit any evidence that is relevant and material, despite the fact that such evidence might be inadmissible under formal rules of evidence, and the traditional format used to question witnesses at trial does not apply. In most cases, the only witnesses will be the parties. In the discretion of the court, other relevant witnesses may be called.

(c) Election. In a case that is proceeding to trial, the court may at any time offer the parties the option of electing the informal trial process. If the parties make that election, the court will explain the process and obtain their consent. The election of a formal or informal trial process does not diminish the court’s authority to question witnesses or otherwise manage the proceedings in the interests of justice.

(d) Withdrawal. The court may allow a party to withdraw an informal trial election as long as the other party would not be prejudiced by the withdrawal. The court will not allow a withdrawal of an election that has the effect of postponing the trial date absent a showing of good cause. The court may at any time direct that a case proceed under the formal process, even if the trial or hearing has already commenced using informal procedures.

(e) Trial Procedures. An informal trial will proceed as follows:

(1) The court will ask each party or the party’s attorney for a summary of the issues to be decided.

(2) Each party will be allowed to speak to the court under oath concerning all issues in dispute. Only the court may question the party to develop evidence required by law. The court will ask each party or the party’s attorney whether the party wishes the court to ask follow up questions or inquire about other issues. The court will offer each party the opportunity to respond to the factual information provided by the other party.

(3) Each party may offer any relevant documents or other evidence that the party wishes the court to consider. The court will determine whether to accept the items into evidence and what weight, if any, to give each item. Letters or other submissions by the parties’ children that suggest custody or parenting preferences are discouraged. The court may require additional documents or testimony from other witnesses to supplement the record.

(4) Expert reports may be admitted into evidence without supporting testimony. If the expert is called as a witness, the expert may be questioned by the parties, their attorneys, or the court.

(5) The court will offer each party or the party’s attorney the opportunity to make a closing statement.

End

Amendment History

(SCO 1826 effective April 15, 2015)

Notes

Note to SCO 1826: At the end of three years, the Administrative Director will report to the Supreme Court on the efficacy of informal trials in domestic relations cases under Civil Rule 16.2 and make recommendations.

Plain-English Summary

An informal trial is a voluntary alternative to a standard trial in divorce, property division, custody, and child support cases, available only if the parties, their attorneys, and the court all agree to it. The court may admit any evidence that's relevant and material even if it wouldn't be admissible under the formal rules of evidence, and the usual back-and-forth examination of witnesses doesn't apply; in most cases the parties themselves are the only witnesses, though the court can allow others in its discretion. The court can offer the informal option at any point as a case heads to trial, must explain the process and get the parties' consent, and keeps full authority to question witnesses and manage the case regardless of which format is chosen. The court may let a party withdraw an informal trial election as long as the other side isn't prejudiced, though the court won't allow a withdrawal that would push back the trial date without good cause, and the court can switch a case to the formal process at any time, even mid-hearing.

An informal trial follows five steps: each side or its attorney summarizes the issues, each party speaks under oath about every disputed issue while the court asks any follow-up questions and offers a chance to respond to what the other side said, each party may offer relevant documents or other evidence for the court to weigh, expert reports may come in without live testimony (though a testifying expert can still be questioned), and each side gets a closing statement. Letters or other submissions from the parties' children suggesting a custody or parenting preference are discouraged.

Frequently Asked Questions

What is an "informal trial" in an Alaska divorce case?

A voluntary alternative to a standard trial in divorce, custody, and child support cases where the judge questions each party directly under relaxed evidence rules, rather than running a traditional witness examination.

Can either party back out of an informal trial once it’s chosen?

Yes, as long as the other party wouldn’t be prejudiced by the withdrawal; the court won’t allow a withdrawal that would postpone the trial date without a showing of good cause.

Who questions the witnesses in an informal trial?

Only the court asks questions to develop the evidence, though it will ask each party or their attorney whether they want follow-up questions asked or other issues explored.

Source & verification. The rule text, Amendment History, and Notes are reproduced verbatim from the official Alaska Rules of Civil Procedure (Alaska R. Civ. P. 16.2). Prescribed by the Supreme Court of Alaska (Alaska Const. art. IV, § 15). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source

Also known as: informal trial Alaska divorceinformal domestic relations trialalternative trial procedure custody caseAlaska R. Civ. P. 16.2