2 AAC 12.987 - Attorneys fees and costs

(a) The prevailing party may file a motion for attorney's fees and costs with the arbitrator in accordance with Alaska Rules of Civil Procedure 68, 79, and 82. For purposes of Alaska Rule of Civil Procedure 68(b), the arbitrator shall consider one of the following dates to be the equivalent of the date on which parties in a civil action have made disclosures required by Alaska Rule of Civil Procedure 26:

(1) the date set under 2 AAC 12.970 - 2 AAC 12.972 as a deadline for mutual initial disclosure, if any;

(2) if a deadline for mutual initial disclosure has not been set, a date that the arbitrator sets with consideration to the specific discovery methods applied to a particular arbitration.

(b) The opposing party may file an opposition to the motion for attorney's fees and costs with the arbitrator in accordance with Alaska Rules of Civil Procedure 68, 79, and 82.

(c) The arbitrator may not allow reply memoranda in support of a motion for attorney's fees and costs.

(d) The arbitrator shall rule promptly on the motion for attorney's fees and costs. In the ruling, the arbitrator shall state the amount of the award granted, if any, and shall provide sufficient detail to make the basis of the arbitrator's resolution of the motion clear. Findings of fact and conclusions of law are not required if the arbitrator considers them unnecessary to an understanding of the arbitrator's reasoning.

Notes

2 AAC 12.987

Eff. 5/26/2004, Register 170

Authority:AS 36.30.040

AS 36.30.631

AS 36.30.870