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The purpose behind discovery in Alaska is to bring things into the open for settlement purposes, not play "hide the ball" for trial. See, e.g., Miller v. Harpster, 392 P.2d 21 (Alaska 1964). To this end, the discovery process has been streamlined in all criminal matters and in most civil proceedings. Recently, the Alaska Supreme Court has extended this process and amended the Alaska Civil Rules to require that certain discovery automatically occur in divorce cases. Civil Rule 26.1 became effective July 15, 1998, and requires that both parties provide the following initial disclosures within 45 days after the filing of the answer:

A. the legal description and street address of all real property, wherever located, in which either party has an interest, together with all appraisals, tax assessments, and broker's opinions regarding each such property obtained within the last two years;

B. a signed release authorizing the other party to obtain all earnings and employee benefit information (including but not limited to health insurance, cashable leave, stock options, and perquisites or in-kind compensation such as employer provided housing or transportation benefits) from the party's current employer;

C. a signed release authorizing the other party to obtain all pension, retirement, deferred compensation, and profit sharing information form any plan in which the party is a participant or has accrued benefits;

D. a listing of all accounts in banks, credit unions, brokerages, and other financial institutions on which the party has been a signatory within the past two years and in which the party has a personal or business interest, together with a signed release authorizing the other party to obtain all information regarding such accounts, and copies of account statements for the past three months for all such accounts;

E. a listing of all outstanding debts together with written documentation or an account statement from each creditor indicating the principal balance currently owed and the payment terms;

F. a listing by description and location of all personal property with a current fair market value over $100 in which either party has an interest, together with all appraisals, tax assessments and broker's opinions regarding each such property obtained within the last two years;

G. the most recent statements and reports from financial institutions or other sources pertaining to investments in which the party has an interest (including but not limited to stocks, bonds, certificates of deposit, IRA's life insurance, and annuities);

H. federal tax returns filed by the party or on the party's behalf, including all schedules and attachments (W-2 forms, 1099 forms, etc. ) for the past three years, together with all year-end tax documentation (W-2 forms, 1098 forms, 1099 forms, extension requests, etc.) for the most recent tax year in the event that return has not yet been filed;

I. pay stubs, vouchers, or other similar proof of income from all sources for the past two months, including but not limited to salaries and wages, overtime and tips, commissions, interest and dividends income derived from self-employment and from businesses and partnerships, social security veterans benefits, worker's compensation, unemployment compensation, Aid to Families with Dependent Children (AFDC), Supplemental Security Income (SSI), disability benefits, Veteran Administration benefits, income from trusts or from an interest in than estate (direct or through a trust), and net rental income;

J. an itemized list by description and location of all items listed above in (A) through (G) which the party considers non-marital and the basis for the non-marital designation; and

K. any other information or documentation required by local order.

A party shall make its initial disclosures based on the information then reasonably available to it and is not excused from making its disclosures because it has not fully completed its investigation of the case of because it challenges the sufficiency of another party's disclosure or because another party has not made its disclosures. Civil Rule 26(b)(2). Pursuant to Civil Rule 37(c), a party that without substantial justification fails to disclose information required by Civil Rule 26.1(b) shall not be permitted to use as evidence at trial, at a hearing, or on a motion any witness or information not so disclosed, unless such failure is harmless. Additionally, the court can impose other appropriate sanctions including attorney's fees.

Hopefully, the new rules will eliminate many of the discovery disputes which clog the court and prevent parties from unnecessarily objecting to production and disclosure of essential information needed by counsel to assist the court in making informed decisions regarding the issues. ©1998 by Steven Pradell. Steve's recent book, The Alaska Family Law Handbook, (1998) is available for family law attorneys to assist their clients in understanding domestic law issues.

Steven Pradell is an Anchorage attorney with a practice emphasizing family law, including divorce, custody, domestic violence, adoption, and child support. This article is not intended to provide legal advice and should not be relied on for that purpose. The law office of Pradell and Associates provides low cost legal consultations. A helpful staff provides prompt, courteous services to meet your legal needs. Give Pradell and Associates a call today, at (907) 279-4529-- (279-4LAW).