Consider this like a palate cleansing. The five court challenges to the Alaska Redistricting Board's Proclamation Plan get their first court appearance Monday, December 20, 2021 at 11:30 am. That's tomorrow as I write this. Probably today as many of you read this. Here are the numbers if you want to call in and listen.
I don't think it's going to be that exciting. Here's a link to the Court's Pretrial Order. And here's an outline of that order.
- Pleadings
- lists the five cases - Skagway, Valdez, Mat-su, Calista, and the three Anchorage plaintiffs
- cases consolidated and given the case number 3AN-21-08869CI
- Technical Support
- outlines who is responsible for what - access to software to view census data
- how to pay transcription service - Dec 27 deadline to agree
- Trial Timelines
- Has to be done 120 days before filing deadline June 1, 2022, thus court's decision due by February 1, 2022
- To give judge time, evidence should be finished by January 25, 2022, Written closing argument and proposed findings by January 27, 2022
- Preliminary estimate - one trial day per plaintiff; board gets 3-5 days for its case, then trial has to begin by January 11, likely sooner. Parties invited to propose start dates for trial
- Summary Judgment Motions - court permits none
- Witnesses
- Each plaintiff may call up to 3 at trial. May present up to three video depositions in addition. Plaintiffs have to ID witnesses in advance and make them available for video deposition by January 11
- Board may call up to seven witnesses at trial, seven more via video deposition testimony. Same deadline for identifying witnesses and availability for deposition (Jan 11)
- Each party shall file affidavits setting forth the direct testimony of the non-expert witnesses by Dec. 27, 2021. Witness can be called only for cross exam, redireet, and recross.
- Each plaintiff limited to one expert witness. Must identify them and topic of the expert's testimony. Board limited to three expert witnesses. Name and topic in by Dec. 27, 2021.
- Affidavits of expert's direct testimony in by December 30, 2021.
- Discovery
- Board has to provide Court, Plaintiffs, and pending intervenors with 'the record' by December 21
- Parties shall be prepared to discuss discovery deadlines and perhaps limits on discovery or deposition at the scheduling hearing on 20 December 2021 at 11:30 am. Parties will be sent a zoom invitation by chambers. This overrides he earlier order setting a telephonic hearing.
- Court encourages parties to begin discussions regarding discovery and scheduling before the scheduling hearing.
- All witnesses must be made available for depositions no later than the week of January 3, 2022
- Sequences of Party and Witness Presentation
- at a date to be determined plaintiffs will discuss and propose a sequence for when each shall make witnesses available for cross exam and redirect.
- Same for the Board
- Judicial Assignment
- Judge to be permanently assigned to the case will be announced shortly after scheduling conference
- Parties will have two business days after distribution of judicial assignment to exercise a challenge
- The assigned judge may revisit these pretrial orders as the case develops.