Rule 8. Disclosures, Depositions, and Discovery

(a) General. Parties may obtain discovery by one or

more of the following methods: depositions upon oral

examination or written questions; written interrogatories;

production of documents or things or permission to enter upon

land or other property, for inspection and other purposes;

physical and mental examinations; and requests for admission.

(b) Applicability of the Civil Rules Regarding

Discovery. Discovery and disclosure in CINA actions are

governed by Civil Rules 26-37, with the following exceptions

and modifications: Civil Rule 26(a), (e), (f), and (g), and Civil

Rule 26.1 do not apply in CINA cases.

(c) Initial Disclosures. Except to the extent otherwise

directed by order or rule, a party shall, without awaiting a

discovery request, provide to other parties the following

information, excluding any privileged material:

(1) the Department shall make available all information

pertaining to the child prepared by or in the possession of the

Department;

(2) a parent shall provide the name, address, or other

information pertaining to the identity and location of the other

parent of the child, if the parent has not already been identified

and located;

(3) if the child has been removed, a parent shall provide

the names, addresses, or other contact information pertaining

to the location of grandparents and other adult relatives so

placement options may be explored;

(4) a parent shall provide the names and addresses of any

schools attended by the child and the names and addresses of

any medical, mental health, and other treatment providers of

the child;

(5) a parent shall provide the name and location of any

Indian tribe as defined in CINA Rule 2(j) in which the parent

has reason to believe the child is a member or may be eligible

for membership;

ed;

(4) a parent shall provide the names and addresses of any

schools attended by the child and the names and addresses of

any medical, mental health, and other treatment providers of

the child;

(5) a parent shall provide the name and location of any

Indian tribe as defined in CINA Rule 2(j) in which the parent

has reason to believe the child is a member or may be eligible

for membership;

(6) a guardian ad litem shall disclose a list of the types of

information the guardian ad litem has gathered regarding the

case, including records from specified sources and the names

and contact information for persons interviewed or surveyed

who are not parties, yet have provided information about the

case; and

(7) a tribe that has intervened in the proceedings shall

disclose names and contact information for extended family of

the child, a list of potential placements under 25 U.S.C. §

1915, and a summary of any tribal services or tribal court

actions involving the family.

Unless otherwise directed by the court, these disclosures

shall be made within 45 days of the date of service of the

petition for adjudication, or for tribes, the date of the order

granting intervention. 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 or because it

challenges the sufficiency of another party’s disclosures or

because another party has not made its disclosures.

r tribes, the date of the order

granting intervention. 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 or because it

challenges the sufficiency of another party’s disclosures or

because another party has not made its disclosures.

(d) Disclosures of Witnesses with Special Expertise.

(1) Retained Experts. Except as otherwise stipulated or

directed by the court, a party shall disclose the identity of an

expert witness whom the party intends to call at trial and who

has been retained, with or without compensation, to provide

expert testimony or whose duties as an employee of the party

regularly involve giving expert testimony. For such witnesses,

the party shall provide:

(A) the expert’s curriculum vitae; and

(B) a written summary of the substance of the anticipated

testimony of the expert, the expert’s opinion, and the

underlying basis of the opinion.

(2) Other Experts. For all other experts, if a party intends

to call an expert witness who has had involvement with the

family, but has not been retained solely for the purpose of

providing an expert opinion, the party shall disclose to other

parties the identity of that witness and shall provide any

existing reports or written statements of these experts. For

experts identified in this paragraph, parties are not required to

provide the information in paragraph (1) except upon request.

(3) Expert disclosures shall be made at the times and in

the sequence directed by the court.

an expert opinion, the party shall disclose to other

parties the identity of that witness and shall provide any

existing reports or written statements of these experts. For

experts identified in this paragraph, parties are not required to

provide the information in paragraph (1) except upon request.

(3) Expert disclosures shall be made at the times and in

the sequence directed by the court.

(e) Pretrial Disclosures.

(1) In addition to the disclosures otherwise required by

this rule, a party shall provide to other parties the following

information regarding the evidence that it may present at trial:

(A) the name, address, and telephone number of each

witness; and

(B) an exhibit list accompanied by the exhibits the party

expects to submit at trial.

(2) Disclosure of witness lists and exhibits shall be made

at the times and in the sequence directed by the court.

(f) Discovery from Guardian Ad Litem.

(1) Discovery of Documents in Guardian Ad Litem’s

Possession. A party may obtain discovery of documents in the

possession, custody, or control of the guardian ad litem,

subject to the following limitations:

(A) the documents must be discoverable under Civil Rule

26(b)(1); and

(B) trial preparation materials as defined in Civil Rule

26(b)(3) are discoverable only as permitted by that rule.

(2) Discovery

Regarding

Guardian

Ad

Litem’s

Testimony. If the guardian ad litem has served notice that the

guardian ad litem intends to testify, a party may obtain

discovery from the guardian ad litem about the substance of

this testimony.

(3) Other Inquiry. A party may obtain other discovery

from a guardian ad litem only as permitted by the court upon a

showing of good cause. The court may permit a party to

question a guardian ad litem about the guardian ad litem’s

professional qualifications and experience or the guardian ad

litem’s performance in the case. But this inquiry must be

conducted in the presence of the court.

.

(3) Other Inquiry. A party may obtain other discovery

from a guardian ad litem only as permitted by the court upon a

showing of good cause. The court may permit a party to

question a guardian ad litem about the guardian ad litem’s

professional qualifications and experience or the guardian ad

litem’s performance in the case. But this inquiry must be

conducted in the presence of the court.

(g) Depositions. Depositions may be taken in accordance

with the Civil Rules and CINA Rule 8(f), except that no child

under 16 years of age may be deposed except upon court order.

(h) Scope and Timing. In order to comply with statutory

timeframes of AS 47.10 or for other good cause, the court may

shorten time periods for discovery. The court may order

further discovery and grant a continuance to accomplish the

discovery at any phase of the proceeding if it believes that the

parties have not had adequate opportunity to develop the

existing evidence.

(i) Supplementation. A party who has made disclosures

or responses to discovery under this rule is under a duty to

supplement or correct the disclosures or responses to include

information thereafter acquired if ordered by the court or if the

party learns that the information disclosed or the response

given is incomplete or incorrect in some material respect, and

that the additional or corrective information has not otherwise

been made known to the other parties during the discovery

process or in writing. This duty to supplement or correct

disclosures and responses extends to information provided in

expert disclosures under subsection (d) of this rule.

formation disclosed or the response

given is incomplete or incorrect in some material respect, and

that the additional or corrective information has not otherwise

been made known to the other parties during the discovery

process or in writing. This duty to supplement or correct

disclosures and responses extends to information provided in

expert disclosures under subsection (d) of this rule.

(j) Limitations on disclosure of certain recordings,

images, and records that are also evidence for an

investigation under AS 11.41.410 – 11.41.450. Materials

collected during an investigation under AS 47.10.011 or

AS 47.14.300 that are also evidence for an investigation under

AS 11.41.410 – 11.41.450 furnished to an attorney under these

rules shall be used only for the purpose of conducting the case.

A video or audio recording or medical record of a child,

including photographs taken during a medical examination of a

child, must remain in the custody of a parent’s attorney, the

attorney’s staff, investigators, experts, and others as necessary

for the preparation of the parent’s case, and shall be subject to

the other terms and conditions that the court may provide. A

video or audio recording or medical record of a child,

including a photograph taken during a medical examination of

a child, shall not be provided to the parent, but the information

in the materials may be shared with the parent to the extent

necessary to prepare the defense of the case.

the parent’s case, and shall be subject to

the other terms and conditions that the court may provide. A

video or audio recording or medical record of a child,

including a photograph taken during a medical examination of

a child, shall not be provided to the parent, but the information

in the materials may be shared with the parent to the extent

necessary to prepare the defense of the case.

(k) If a parent is proceeding without counsel, the

materials described in (j) of this section may be provided to the

parent. If materials are provided to an unrepresented parent

under this subsection, the court shall order that the materials

remain in the parent’s exclusive custody, be used only for

purposes of conducting the case, and be subject to other terms,

conditions, and restrictions that the court may provide. Upon

showing of good cause, the court may impose specific terms,

conditions, or restrictions concerning inspection of the

materials by other persons involved in preparation of the case,

such as staff, investigators, experts, witnesses, or others. The

court shall also inform the parent and other persons involved in

the preparation of the case that violation of an order issued

under this subsection is punishable as a contempt of court and

may also constitute a criminal offense.

(l) Confidential filing. A party that files with the court

or offers as an exhibit materials listed in (j) of this rule shall

file the materials in a confidential envelope. In this subsection,

“confidential” has the meaning given in Rule 37.5, Alaska

Rules of Administration.

order issued

under this subsection is punishable as a contempt of court and

may also constitute a criminal offense.

(l) Confidential filing. A party that files with the court

or offers as an exhibit materials listed in (j) of this rule shall

file the materials in a confidential envelope. In this subsection,

“confidential” has the meaning given in Rule 37.5, Alaska

Rules of Administration.

(m) Notwithstanding another provision of this section, the

legal custodian of a child may provide records of a medical

examination of a child to the child’s treating health care

provider if the records are required for the treatment of the

child. In this subsection, “health care provider” includes a

physician,

dentist,

physician’s

assistant,

nurse,

nurse

practitioner, psychologist, counselor, marital and family

therapist, village or community health aide, community health

worker, or another person that provides health care treatment

in the course and scope of the person’s employment.

Note:

Chapter 60, section 5, SLA 2014 (SB 187), effective

nunc pro tunc to July 8, 2014, amended CINA Rule 8 by

adding new subsections (j) through (m) limiting disclosure of

certain recordings, images, and records that are evidence for an

investigation under AS 11.41.410-.440 or AS 11.41.450. This

rule change is adopted for the sole reason that the legislature

has mandated the amendment.