Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 48 - Practice and Procedure › Article 1 - Practice Before the Commission › 3 AAC 48.091 - Motions

Current through May 31, 2024
(a) A motion or related filing must comply
				  with the filing, service, and general pleading requirements of
				  3 AAC 48.090 -
				  3 AAC 48.100. A motion, any opposition to, or support
				  for, the motion, and any reply must contain a complete written statement of the
				  reasons in support of the pleading including the points and authorities upon
				  which the party will rely. A party may not file a supporting memorandum as a
				  separate document from the party's corresponding motion, opposition, or
				  reply.
(b) With a motion, the
				  moving party shall file a legible copy of each photograph, affidavit, and other
				  documentary evidence that the party intends to submit in support of the
				  motion.
(c) Unless otherwise
				  ordered by the commission, or otherwise stipulated to by the parties with
				  commission approval, a party opposing or supporting a motion shall, no later
				  than 10 days after service of the motion upon that party, file the complete
				  written statement of reasons in support of the pleading as required under (a)
				  of this section and a legible copy of each photograph, affidavit, and other
				  documentary evidence upon which the party intends to rely.
(d) Notwithstanding the time specified in (c)
				  of this section, the time for filings related to a motion to dismiss, a motion
				  for summary disposition, or any other dispositive motion is 15 days.
(e) The movant may file a reply that complies
				  with (a) of this section and supplemental material, if any, no later than three
				  business days after the date of service of the opposition to or support for the
				  motion. These filings are subject to the requirements of (a) and (b) of this
				  section.
(f) The commission will
				  not consider a written motion before an opposing party has a reasonable
				  opportunity to respond, unless it clearly appears from the specific facts in
				  the motion or commission records that immediate and irreparable injury, loss,
				  or damage would result to the moving party before any reasonable opportunity to
				  respond could be given.
(g) In a
				  separate motion, a party may move for expedited consideration of its principal
				  motion by requesting relief in less time than would normally be required for
				  the commission to issue a decision. If the party files electronically under
				  3 AAC 48.095, the party shall also use the commission's
				  website features to indicate that the filing includes a motion for expedited
				  consideration, if the motion is required to be submitted with the filing. A
				  failure to properly indicate that the filing includes a motion for expedited
				  consideration may delay commission review of the request. Courtesy copies of an
				  electronically filed motion, regardless of when or how they are received by the
				  commission, will not be considered part of the official record of the
				  proceeding, and the commission will not base a timeline upon their receipt. The
				  motion must
(1) be captioned "Motion for
				  Expedited Consideration";
(2)
				  comply with other applicable provisions of this section;
(3) include an affidavit or other evidence
				  showing the facts that justify expedited consideration and the date by which a
				  decision on the principal motion is needed; and
(4) if the motion requests a decision before
				  the usual time for response to the motion, include a certificate indicating
				  when and how the opposing party was served with the motion, or, if the opposing
				  party was not notified, what efforts were made to notify the opposing party and
				  why it was not practical to notify the opposing party in a manner and at a time
				  that a response could be made; in the certificate, the moving party shall
				  indicate the position of the other parties on the request for expedited
				  consideration if that position is known by the party.