Alaska Statutes 09.45.710 – Possession when new trial granted
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Terms Used In Alaska Statutes 09.45.710
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- property: includes real and personal property. See Alaska Statutes 01.10.060
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
If the judgment is set aside and a new trial granted as provided in Alaska Stat. § 09.45.700, after the plaintiff has taken possession of the property, the plaintiff shall remain in possession. But if judgment is given for the defendant in the new trial, the defendant is entitled to restitution by execution as if the defendant were plaintiff.