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WILLIAMS v. ENGEN

No. S-10475.

80 P.3d 745 (2003)

John WILLIAMS, Appellant, v. Roger and Carmen ENGEN, Appellees.

Supreme Court of Alaska.

December 5, 2003.

Attorney(s) appearing for the Case

James W. McGowan, Sitka, for Appellant.

Steven Lewis Hempel, Juneau, for Appellees.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.

OPINION

BRYNER, Justice.

I. INTRODUCTION

Alaska Civil Rule 27 gives a court limited powers to order production of evidence for a legal action that has not yet been filed. The rule has usually been read to allow early production only to preserve existing evidence—not to discover whether evidence exists. John Williams believed that he might have a claim for misrepresentation arising from a real estate transaction and wanted evidence...

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