ALASKA RULES OF COURT RULES OF CRIMINAL PROCEDURE Table of Contents PART I. SCOPE, PURPOSE AND CONSTRUCTION Rule 1 Scope. 2 Purpose and Construction. PART II. PRELIMINARY PROCEEDINGS 3 The Complaint. (a) The Complaint. (b) A Citation. (c) Defendant and Offense Information to be Included in Complaint. (d) Crimes Involving Domestic Violence. (e) Search Warrant Information. (f) Information Not to be Included in Complaint. 4 Warrant or Summons Upon Complaint. (a) Issuance. (1) Probable Cause. (2) Summons. (3) Failure of Defendant to Appear After Summons. (4 ) Additional Warrants or Summonses. (b) Form and Contents. (1) Warrant. (2) Summons. (c) Execution or Service and Return. (1) By Whom. (2) Territorial Limits. (3) Manner. (4) Return. 5 Proceedings Before the Judicial Officer. (a) Appearance Before Judicial Officer After Arrest. (b) Rights of Prisoner to Communicate with Attorney and Other Person. (c) Misdemeanor Arraignment or Felony First Appearance. (d) Initial Determination of Probable Cause at Arraignment or Felony First Appearance. (e) Felonies—Other Requirements at First Appearance. (f) Misdemeanors—Other Requirements at Arraignment. (g) Video or Telephonic Appearance 5.1 Preliminary Examination in Felony Cases. (a) Representation by Counsel. (b ) Order of Proof—Witnesses Called by the State. (c) Witnesses Called by the Defendant. (d) Evidence. (e) Telephonic Testimony. (f) Record. (g) Exclusion of Witnesses. (h) Discharge of the Defendant. (i) Commitment of Defendant. (j) Records. (k) Counsel for Complaining Witness—Counsel for Prosecution. 1 ALASKA COURT RULES PART III. INDICTMENT AND INFORMATION 6 The Grand Jury. (a) By Whom Convened. (b) Where Grand Juries Shall be Convened. (c) Selection of Prospective Grand Jurors. (d) Summoning Grand Jurors. (e) Swearing and Instructing Jurors. (f) Alternate Jurors. (g) Objections to Grand Jury and to Grand Jurors. (h) Foreperson and Deputy Foreperson. (i) Preparing Indictments and Presentments. (j) Record of Proceedings. (k) Who May Be Present. (l) Secrecy of Proceedings and Disclosure. (m) Availability of Grand Jury Record to Defendant. (n) Finding and Return of Indictment. (o) Presentment. (p) Defense Witnesses. (q) Sufficiency of Evidence. (r) Admissibility of Evidence. (s) Excusing Grand Jurors. (t) Delegation of Duties. (u) Telephonic Testimony. 6.1 Grand Jury Reports. (a) Authority to Issue Reports. (b) Initial Judicial Review. (c) Judicial Review If Report Adversely Reflects on Identifiable Person. (d) Release of Report. (e) Appeal. 7 Indictment and Information. (a) Use of Indictment and Information. (b) Waiver of Indictment. (c) Nature and Contents—Defects of Form Do Not Invalidate. (d) Surplusage. (e) Amendment of Indictment or Information. (f) Bill of Particulars. 8 Joinder of Offenses and of Defendants. (a) Joinder of Offenses. (b) Joinder of Defendants. 9 Warrant or Summons Upon Indictment or Information. (a) Issuance. (b) Form. (1) Warrant. (2) Summons. (c) Execution or Service and Return. (1) Execution or Service. (2) Return. (3) Service of Summons by Mail. PART IV. ARRAIGNMENT AND PREPARATION FOR TRIAL 10 Felony Arraignment in Superior Court. (a) Generally. (b) Defendant’s Name. (c) Peremptory Disqualification of the Judge. 11 Pleas. (a) Alternatives. (b) Extension of Time for Pleading. 2 RULES OF CRIMINAL PROCEDURE (c) Pleas of Guilty or Nolo Contendere. (d) Insuring That the Plea is Voluntary. (e) Plea Agreement Procedure. (1) Disclosure of Sentencing Agreement. (2) Acceptance of Agreement. (3) Rejection of Agreement. CrR (f) Determining the Accuracy of Plea. (g ) Record. (h) Plea Withdrawal. (i) Restorative Justice Programs. 12 Pleadings and Motions Before Trial—Defenses and Objections. (a) Pleadings and Motions. (b) Pretrial Motions. (c) Pretrial Motion Date. (d) Ruling on Motion. (e) Effect of Failure to Raise Defenses or Objections. (f) Record. (g ) Effect of Determination. (h) Continuance of Trial. 13 Trial of Indictments or Informations Together. 14 Relief From Prejudicial Joinder. 15 Depositions. (a) When Taken. (b) Notice of Taking. (c) How Taken. (d) Use. (e) Unavailability. (f) Objections to Admissibility. (g) Deposition by Agreement Not Precluded. (h) Joint Defendants. 16 Discovery. (a) Scope of Discovery. (b) Disclosure to the Accused. (1) Information Within Possession or Control of Prosecuting Attorney. (2) Information Provided by Informant—Electronic Surveillance. (3) Information Tending to Negate Guilt or Reduce Punishment. (4) Information Within Possession or Control of Other Members of Prosecuting Attorney’s Staff. (5) Availability of Information to Defense Counsel. (6) Information Regarding Searches and Seizures—Statements From the Accused—Relationship of Witnesses to Prosecuting Attorney. (7) Other Information. (8) Legal Research and Records of Prosecuting Attorney. (9) Restriction on Availability of Certain material. (c) Disclosure to the Prosecuting Attorney. (1) Non-Testimonial Identification Procedures —Authority. (2) Non-Testimonial Identification Procedures— Scope. (3) Right to Counsel. (4) Expert Witnesses. (5) Notice of Defenses. (6) Physical Evidence. (d) Regulation of Discovery. (1) Advice to Refrain From Discussing Case (2) Additional or Newly Discovered Information. (3) Materials to Remain in Custody of Attorney. (4) Restriction or Deferral of Disclosure of Information. (5) Material Partially Discoverable. (6) Denial or Regulation of Disclosure—Disclosure to Court in Camera—Record of Proceedings. (7) Confidential Filing. 3 ALASKA COURT RULES (e) Sanctions. (1) Failure to Comply with Discovery Rule or Order. (2) Willful Violations. (f) Omnibus Hearing. (1) Time for Hearing—When Set. (2) Duties of Trial Court at Hearing. 17 Subpoena. (a) For Attendance of Witnesses—Form—Issuance. (b) Defendants Unable to Pay. (c) For Production of Documentary Evidence and of Objects. (d) Service. (e) Place of Service. (f) For Taking Deposition—Place of Examination. (1) Issuance. (2) Place. (g) Contempt. PART V. VENUE — PRETRIAL 18 Venue: Place of Trial. (a) Venue Districts. (b) Determination of Trial Location. (1) Initial Assignment. (2) Transfer to Approved Additional Trial Site. (3) Change of Venue. (c) Additional Trial Site Standards. (d) List of Approved Additional Trial Sites. (e) Motion To Transfer By Right. (f) Fair Cross-Section. (g) Change of Venue. (h) Limitations of Rule. 19 Change of Venue—Application to Court. 20 Temporary Transfer of Case File. 21 Time of Motion to Transfer. 22 Pretrial Procedure. PART VI. TRIAL 23 Trial by Jury or by the Court. (a) Trial by Jury. (b) Number of Jurors. (c) Trial Without a Jury. 24 Jurors. (a) Examination. (b) Alternate Jurors. (1) Generally. (2) Procedures. (c) Challenges for Cause. (d) Peremptory Challenges. (e) Procedure for Using Challenges. (f) Oath of Jurors. 25 Judge—Disqualification or Disability. (a) Before Trial. (b) During Trial. (c) After Verdict. (d) Change of Judge as a Matter of Right (1) Entitlement. (2) Procedure. 4 RULES OF CRIMINAL PROCEDURE (3) Re-Assignment. (4) Timeliness. (5) Waiver. 26.1 Exhibits. (a) Mark for Identification. (b) Procedure. CrR (c) Admission. (d) Custody of Exhibits. (e) Final Check. (f) Submission to the Jury. (g) Return of Some Exhibits After Hearing or Trial (h) Administrative Bulletin. 27 Proceedings Upon Trial—Management of Juries. (a) Order of Proceedings. (b) View of Premises by Jury. (c) Admonition to Juror Upon Separation From Jury. (d) Juror Unable to Continue. (e) Selection of Foreperson—Deliberations of Jury—Communications. 27.1 Defendant’s Right to Testify. (a) Advice of Right. (b) Inquiry of Nontestifying Defendant. 28 Expert Witnesses. 29 Motion for Acquittal. (a) Motions for Judgment of Acquittal. (b) Reservation of Decision on Motion—Renewal of Motion. 30 Instructions. (a) Requested Instructions—Objections. (b) Instructions to Be Given. 31 Verdict. (a) Return. (b) Several Defendants. (c) Conviction of Lesser Offense. (d) Poll of Jury. (e) Special Verdicts—Insanity. (f) Sealed Verdict. PART VII. JUDGMENT 32 Sentence and Judgment. (a) Sentence. (b) Other Counts. (c) Judgment. (1) Conviction. (A) Incarceration. (B) Restitution. (C) Conviction of a Corporation. (2) Discharge. (d) Judgment for Sex Offenses or Child Kidnapping. (e) Judgment for Crimes Involving Domestic Violence. (f) Judgment for Crime Against a Person. (g) Information To Be Included in Judgment. 32.1 Presentence Procedure for Felony Sentencings. (a) Scheduling & Preliminary Filings. (A) Defendant’s Sentencing. (B) Defendant’s Financial Statement. (b) Presentence Investigation and Report. (1) Contents and Filing. (2) Restitution Information. (3) Disclosure. 5 ALASKA COURT RULES (4) Plea Agreements. (5) Service. (c) Notice of Aggravating Factors, Extraordinary Circumstances, and Restitution. (d) Notice of Mitigating Factors, Extraordinary Circumstances, and Responses to State’s Notices. (e) Disputing Mitigating Factors, Extraordinary Circumstances, and Objections to Restitution. (f) Adjudicating Factual and Legal Issues. (g) Restitution Procedures When There Is No Presentence Investigation. 32.2 Sentencing Hearing. (a) Consideration of Victim’s Statement. (b) Defendant’s Allocution. (c) The Sentence. (d) Transcript of Sentencing Proceeding. 32.3 Judgment and Orders. (a) Effective Dates of Orders and Judgments. (1) Oral Orders. (2) Written Orders Not Preceded by Oral Orders. (3) Judgments. (b) Commencement of Time for Appeal, Review and Reconsideration. (c) Date of Notice. (1) Oral Orders. (2) Written Orders. (3) Judgments. (4) Other Service Requirements. (d) Clerk’s Certificate of