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Alaska R. Crim. P. 12

Pleadings and Motions Before Trial— Defenses and Objections

activein force · 2012-07-01 – presentact-effective-date

(a) Pleadings and Motions. Pleadings in criminal

proceedings shall be the complaint, the indictment and the

information, and the pleas of not guilty, guilty and nolo

contendere. All other pleas, demurrers and motions to quash

are abolished, and defenses and objections raised before trial

which heretofore could have been raised by one or more of

them shall be raised only by motion to dismiss or to grant

appropriate relief, as provided in these rules.

(b) Pretrial Motions*. Any defense, objection, or

request which is capable of determination without the trial of

the general issue may be raised before trial by motion. Any or

all of the following shall be raised prior to trial:

(1) Defenses and objections based on defects in the

institution of the prosecution;

(2) Defenses and objections based on defects in the

indictment or information (other than a failure to show

jurisdiction in the court or to charge an offense, which

objections shall be noticed by the court at any time during

pendency of the proceeding);

(3) Motions to suppress evidence on the ground that it

was illegally obtained;

(4) Requests for a severance of charges or defendants

under Rule 14.

(c) Pretrial Motion Date. All pretrial motions listed in

Rule 12(b) must be filed within 45 days after the defendant’s

arraignment. The court may vary the time for good cause

shown.

(d) Ruling on Motion. A motion made before trial shall

be determined before trial unless the court orders that it be

deferred for determination at the trial of the general issue.

Where factual issues are involved in determining a motion to

suppress evidence, the court shall state its essential findings on

the record.

(e) Effect of Failure to Raise Defenses or Objections.

Failure by the defendant to raise defenses or objections or to

make requests which must be made prior to trial, at the time set

by the court pursuant to section (c), or prior to any extension

thereof made by the court, shall constitute waiver thereof, but

the court for cause shown may grant relief from the waiver.

(f) Record. An electronic recording shall be made of all

judicial proceedings under this rule.

(g) Effect of Determination. If the court grants a motion

based on a defect in the institution of the prosecution or in the

indictment or information, it may also order that the defendant

be held in custody or that bail be continued for a specified time

pending the filing of a new indictment or information.

(h) Continuance of Trial. A motion for continuance of a

trial date will be granted by the court only for cause shown. In

deciding whether to grant the motion, the court shall consider

the victim’s circumstances and the effect the delay would have

on the victim, particularly a victim of advanced age or extreme

youth. The court shall place its findings on the record. The

presiding judge of a judicial district may require that a visiting

or pro tem judge obtain approval from the presiding judge

before granting any continuance of trial.

History

(Adopted by SCO 4 October 4, 1959; amended by SCO 157 effective February 15, 1973; by SCO 557 effective April 4, 1983; by SCO 894 effective July 15, 1988; by SCO 1126 effective July 15, 1993; by SCO 1153 effective July 15, 1994; by SCO 1592 effective April 15, 2006; and by SCO 1787 effective July 1, 2012) *See Chapter 119 SLA 1972 effective September 10, 1972. Note: Chapter 71, section 46, SLA 2012 (SB 86), effective July 1, 2012, amended Criminal Rule 12(h) relating to the protection of vulnerable adults, as reflected in section 2 of this Order. The changes to Criminal Rule 12(h) are adopted for the sole reason that the legislature has mandated the amendments.

Provenance

Source
courts.alaska.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
e7afe9cf2c7f3afadb6aab190699613fecadf6670ae4eb356197630c9d305853
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