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 48.144 - Discovery procedure

Current through May 31, 2024
(a) A party may obtain discovery from another
				  party before a procedural schedule is established. After the presiding officer
				  establishes a procedural schedule specifying discovery times, a party may
				  request discovery only when permitted by the procedural schedule unless, upon
				  motion and a showing of good cause, the presiding officer permits discovery
				  outside the times established in the procedural schedule.
(b) In proceedings under AS 42.05 a party
				  shall serve its response to a discovery request on all other parties not later
				  than 10 days after service of the discovery request except that, if a discovery
				  request concerns reply testimony, a party shall serve its response not later
				  than seven days. The parties may agree to or the presiding officer may direct a
				  shorter or longer time for response.
(c) In proceedings under AS 42.06 a party
				  shall serve its response to a discovery request on all other parties not later
				  than 30 days after service of the discovery request except that, if a discovery
				  request concerns reply testimony, a party shall serve its response not later
				  than 20 days. The parties may agree to or the presiding officer may direct a
				  shorter or longer time for response.
(d) If a dispute arises concerning discovery,
				  the requesting party and the party from whom discovery is requested shall
				  confer in good faith to resolve the dispute before filing a motion concerning
				  discovery.
(e) A requesting party
				  receiving an objection to its discovery request may file a motion for an order
				  compelling the objecting party to respond to the discovery request, if attempts
				  to resolve the dispute with the objecting party fail. A motion to compel
				  discovery must describe the efforts made to resolve the discovery dispute. A
				  party filing a motion to compel discovery shall attach the discovery request
				  and all responses made to the discovery request.
(f) A party receiving a discovery request may
				  file a motion for an order limiting the discovery requested if discussions with
				  the requesting party to limit the discovery requested fail.
A motion to limit discovery must describe the efforts made
					 to resolve the discovery dispute. A party filing a motion to limit discovery
					 shall attach the discovery request it seeks to limit.
(g) Any motion filed under
				  3 AAC 48.141 -
				  3 AAC 48.145 is a motion concerning discovery. The
				  provisions of
				  3 AAC 48.091 apply to a motion concerning discovery
				  except to the extent modified by
				  3 AAC 48.091(l).
(h) A party filing a motion concerning
				  discovery shall include language stating that the motion concerns discovery and
				  a response must be filed in five business days.
(i) The presiding officer shall rule on a
				  motion concerning discovery. The presiding officer may require oral argument
				  before ruling on a motion concerning discovery and may rule on the motion at
				  the oral argument.
Authority:
AS
						42.05.141
AS 42.05.151
AS 42.05.671
AS 42.06.140
AS
						42.06.445