Discovery is obtained by any party to a lawsuit by one of the following methods:
A discovery conference may be held on motion of an attorney for a party or at the court’s discretion. The motion by an attorney must include the provisions set out in this rule. Notice of the motion shall be served on all parties and objections served not later than 10 days after service of the motion. Alaska R. Civ. P. 26(f).
The following is the procedure to accomplish the above discovery:
Depositions are probably the most common discovery procedure. A deposition is an oral examination which is sworn to, recorded, transcribed, signed, and bound in a volume with the original being sealed. The sealed original is delivered to the party requesting the deposition. A copy of the transcribed deposition is delivered to each party (normally the attorney) if one is so requested of the court reporter. IT IS VERY IMPORTANT THAT A COPY BE REQUESTED AT THE TIME THE DEPOSITION IS TAKEN OR BEFORE TRANSCRIBED (usually done by the attorney at deposition time).
Audio and audio-visual depositions may be taken by any party. On motion for good cause, the court may order the party who took a deposition by audio-visual recording to furnish a transcript of the deposition at his expense. A transcript prepared in accordance with Rule 30(c) is also an official record of the deposition. Alaska R. Civ. P. 30.1(a)(2).
The notice for an audio or audio-visual deposition must state the fact. If a court reporter will not be used to record the deposition, the notice must also state this fact. Alaska R. Civ. P.30.1(c). The party ordering the audio or audio-visual deposition shall be custodian of the original recording. Alaska R. Civ. P. 30.1(d)(10).
The reasonable expense of recording, editing and using an audio or audio-visual deposition may be taxed as cost as any other deposition., Alaska R. Civ. P. 30.1(e).
A Notice of Taking Deposition on Written Questions must conform to the requirements of this rule and s served on all parties who have appeared in the action , along with a copy of the written questions. Within 30 days after notice is served, a party may serve cross questions on all other parties. Within 10 days after being served with redirect questions, a party may serve redirect questions on all parties. Within 10 days after being served with redirect questions, a party may serve recross questions on all parties.
A copy of the notice and copies of all questions shall be served by the party requesting the deposition to the officer designated in the notice, who shall promptly take the testimony of the witness in response to the questions in the manner provided for oral examinations. The officer taking the testimony shall prepare, certify, and mail the deposition to the person requesting it. The party taking the deposition shall promptly notify al the other parties of the completion of the deposition.
The following is the procedure to follow for scheduling oral and/or audio-visual depositions:
to the action to insure the time and date is satisfactory with their attorneys. This procedure is more a courtesy than mandatory. Some attorneys do not want his done.
any office which is available and should be scheduled at the most convenient office for all parties involved.
4. The Notice of Taking Deposition is served on all parties as is any other pleading.
As a courtesy and as a second reminder, and so that the court reporter has the case option, send a copy to the court reporter who will be recording the deposition. The original notice is not filed with the court and should be retained in the client’s file.
Witness fees are paid to all persons whose depositions are taken, even though they are parties to the action. Alaska R. Admin. P. 7(a)(f).
Be sure to charge the client for all witness fees, any charges for service of process, as well as the transcribed deposition.
EXCEPTIONS:
If the person to be deposed is not a party to the action, a Subpoena for Taking Deposition should be prepared. Service of the Notice of Taking Deposition and proof of service needs to be shown to the Clerk’s office before the subpoena will be issued. The subpoena and witness fee check can be served by a process server or any other person over the age of 18. A return of service must be made for all services of subpoenas. The person being deposed is entitled to an appropriate witness fee. The amount of the witness fee slightly depending on the circumstances and location of the witness. Alaska R. Admin. P. 7.
A Subpoena for Taking Deposition (sometimes referred to as a Subpoena Duces Tecum) is to be used when a witness’s presence is required at a deposition and/or requires the witness to bring the documents listed in the subpoena. Any designation of materials to be produced by a Subpoena for Taking Deposition must be attached to or included in the notice. Alaska R. Civ. P. 30(b)(l).
Errors and irregularities in the manner in which the testimony is transcribed or the deposition prepared are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after the defect is determined. Alaska R. Civ. P. 32(d)(4).
If the time of deposition is changed or canceled, BE SURE TO NOTIFY ALL PARTIES, including the court reporter and deponent.
Without leave of court or written stipulation, any party may serve upon any other party written interrogatories to be answered by the party served, signed by the person making the answers and the objections signed by the attorney making them. Each interrogatory is to be answered separately and fully, in writing under oath, unless objected to. Interrogatories are very similar to the taking of a deposition except they are written and not answered before a court reporter, but are signed and notarized. Without leave of court or written stipulation, interrogatories may not be served before the time specified in rule 26(d). Responses and objections, if any, are due within 40 days after service of the interrogatories. The responses are usually prepared by both client and attorney. BE SURE TO CALENDER WHEN THE REPSONSES TO THE INTERROGATORIES ARE DUE so the attorney can be notified if a timely response is not made; or, in the alternative, when the answers should be timely made. (It is a good idea to also calendar a week or ten days in advance if the client is answering interrogatories to be sure the attorney is aware the answers will soon be due.)
Written interrogatories are limited to 30 questions which include paragraphs and subparagraphs. Alaska R. Civ. P. 33(a).
The following is the procedure to follow:
space for the answers, as the original or a copy is served on the opposing party or attorney. The person responding tot he interrogatories will type the answers directly on the form provided. Be sure to obtain proof of service of the interrogatories.
A copy is sent to the party responding to the interrogatories. A copy of the interrogatories is required to be served on all other parties who appeared in the action. The answers are to be signed under oath before a notary public by the person making them, and the objections signed by the attorney making them. Be sure to include the appropriate signature line and oath for the party answering and the notary public.
A production of documents or things is dictated by the attorney. The request shall specify a reasonable time, place, and manner of making the inspection. The party on whom the request is served shall respond within 30 days after service. Without leave of court or written stipulation, requests may not be served before the time specified in Rule 26(d). Prepare as any other pleading, but no room need be left for response unless the attorney so instructs. If documents are to be produced, it is a good idea to type the "Production" as interrogatories are done leaving a little room for objection or explanation.
A variety of examinations will fall under this category. In some cases the examination could be scheduled by verbal agreement, through correspondence, or motions made by the attorney and a hearing before a judge. If a pleading is actually typed scheduling a time for examination, this document is not filed with the court. IF THE EXAMINATION IS CANCELED, BE SURE TO NOTIFY THE DOCTOR.
Notice must be given to the person to be examined and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons to whom it is to be made. If requested by the party against whom an order is made or the person examined, the party requesting the examination shall deliver a copy of the report.
This document is very similar to written interrogatories and relates to statements or opinions of fact or of application of law to fact. Although Rule 36 does not require that a space be provided for response, for convenience the attorney may want a space provided. Responses to requests for admission may be signed by the attorney or the person to whom they are directed. This discovery is served on all parties to the action, but is not filed with the court.
The response is due 30 days after service. Without leave of court or written stipulation, requests for admission may not be served before the time specified in Rule 26(d). It is particularly important to calendar the response due date because if the admissions are not answered within the time allowed, they are presumed admitted.
Discovery documents are no longer filed with the court, but a copy is always served on all parties who have appeared in the action. Always retain a copy of documents served along with proof of service, and always be alert for any dates that need to be calendared — dates of depositions, discovery meetings, and dates responses are due to opposing counsel and/or due from opposing counsel.
Motions to compel discovery may be granted by the court for failure to timely or completely respond to discovery requests and sanctions imposed by the court. Alaska R. Civ. P. 37.
Rule 26(f) requires a meeting of the parties to discuss the nature and basis of claims and defenses, to discuss the possibilities for prompt settlement or resolution of the case, to make or arrange for the initial disclosures required by Rule 26(a)(1), and to develop a proposed discovery plan.
DISCOVERY
[CAPTION]
To: (name of attorney(s)
PLEASE TAKE NOTICE that (plaintiff/defendant/name), pursuant to Rule 30 of the Alaska Rules of Civil Procedure, will that the (oral/videotaped) deposition of (name of deponent) before a Notary Public of some other person qualified to take oaths, in the office of name and address of deposition, on (date), at (time) ___.m., and said examination will continue from day to day until completed. You are invited to attend and cross-examine if you so desire.
DATED this _____day of ___________, 20___.
[signature block]
Note: The taking of an audio or audio-visual deposition must be stated in the Notice of
Taking Deposition and in the Subpoena for Taking Deposition. If no court reporter is used to record the deposition, the notice must also state this fact. Alaska R. Civ. P. 30.1(c).
[CAPTION]
To: (name of attorney(s))
PLEASE TAKE NOTICE that (plaintiff/defendant), pursuant to Alaska R. Civ. P. 30-31, will take the (oral/videotaped) deposition of (name of deponent) before a Notary Public or some other person qualified to take oaths, in the office of (name and address of place of deposition) on (date), at (time)__.m., and said examination will continue from day to day until completed. You are invited to attend and cross-examination if you so desire.
YOU WILL FURTHER TAKE NOTICE that (name of deponent) shall bring with (him/her) at said time and place the following designated documents: (list documents).
DATED this ______day of __________, 20___
[signature block]
Note: The taking of an audio or audio-visual deposition must be stated in the Notice of
Taking Deposition and in the Subpoena for Taking Deposition. If no court reporter is used to record the deposition, the fact. Alaska R. Civ. P. 30.1(c ).
[CAPTION]
(Defendant/Plaintiff) herein, pursuant to Alaska R. Civ. P. 33, submits the following interrogatories, each of which is required to be answered separately and fully in writing, under oath, by (name), unless timely and proper objection is made, within thirty (30) days from service hereof:
INTERROGATORY NO 1:
ANSWER TO INTERROGATORY NO 1: (Leave enough space for answer)
DATED this _________day of _________, 20____.
[signature block]
STATE OF ALASKA )
) ss.
_________________JUDICIAL DISTRICT )
___________________, being first duly sworn upon oath, deposes and states: I am a (Plantiff.Defendant) in the above-entitled action; that the foregoing answers to First Set of Interrogatories are true and complete to the best of my knowledge and belief.
DATED this _____day of ___________, 20___.
__________________________________
(name of answering party)
SUBSCRIBED AND SWORN to before me this ____day of _______, 20___.
___________________________________
Notary Public in and for State of _________
My commission expires: ________________
[CAPTION]
(Plaintiff/defendant/name), pursuant to Rule 34 of the Alaska Rules of Civil Procedure, respectfully requests the (plaintiff/defandant/name) to produce the following documents which are within (his/her/theirs/its) possession, custody, or control, at the offices of (name and address of where documents are to be produced), within thirty (30) days of the date of service hereof.
(attorney dictateds)
DATED this ___day of ________, 20___.
------------------------------------------------------------------------------------------------------------
[CAPTION]
(Plaintiff/defendant/name), through counsel, and pursuant to Alaska R. Civ. P. 36. requests that (plaintiff/defendant/name) make the following admissions. Your response to these requests is due within 30 days of the date of service hereof. You are required to make reasonable inquiry to determine the answers to these requests for admission. When good faith requires that you qualify your answer or deny only a part of the matter for which an admission is requested, you are required to specify so much of the requested admission as is true and qualify or deny the remainder.
REQUEST FOR ADMISSION NO 1:
RESPONSE TO REQUEST FOR ADMISSION NO 1: (Leave enough space for answer if the attorney so instructs.
DATED this ____day of _______, 20____.
(signature block)