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AK · rules

Alaska R. Crim. P. 17

Subpoena

activein force · 2014-10-15 – presentact-effective-date

(a) For Attendance of Witnesses—Form— Issuance.

(1) Subpoenas shall be issued by the clerk under the seal

of the court, and shall be signed and sealed but otherwise in

blank. The party requesting a subpoena shall fill in the blanks

before the subpoena is served.

(2) A subpoena shall

(i) state the name of the court and the title, if any, of the

proceeding, and

(ii) state whether the witness is to testify on behalf of the

state, a municipality, city or borough, and order any witness

testifying on behalf of the state, a municipality, city or

borough, to appear without the prepayment of any witness fee,

and

(iii) command each person to whom the subpoena is

directed to attend and give testimony at the time and place

specified therein.

(3) Magistrate judges may issue subpoenas in any

proceeding before them.

(b) Defendants Unable to Pay. A subpoena shall be

issued by the clerk as provided in section (a) for a defendant

financially unable to pay the fees of the witness. The

determination of financial inability shall be made in

accordance with the criteria provided under Rule 39 (b) of

these rules, and if the defendant is represented by court

appointed counsel no further showing of financial inability

shall be required. Subpoenas issued under this section (b) shall

contain an order to appear without the prepayment of any

witness fee. The cost incurred by the process and the fees of

the witness so subpoenaed, shall be paid by the public agency

providing representation.

(c) For Production of Documentary Evidence and of

Objects. A subpoena may also command the person to whom

it is directed to produce the books, papers, documents or other

objects designated therein. The court on motion made

promptly may suppress or modify the subpoena if compliance

would be unreasonable or oppressive. The court may direct

that books, papers, documents or objects designated in the

subpoena be produced before the court at a time prior to the

trial or prior to the time when they are to be offered in

evidence and may, upon their production permit the books,

papers, documents or objects or portions thereof to be

inspected by the parties and their attorneys.

(d) Service.

(1) A subpoena may be served by any peace officer or

any other person who is not a party and who is not less than 18

years of age. Service of a subpoena shall be made by

delivering a copy thereof to the person named and subject to

the provisions of sections (a) and (b) of this rule, by tendering

to that person the fee for one day’s attendance and the mileage

allowed by law or by rule.

(2) A subpoena may also be served upon a person of

known residence within the state by registered or certified

mail. In such case the clerk shall mail the subpoena for

delivery only to the person subpoenaed and, unless not

required under section (a) or (b) of this rule, shall enclose a

warrant or postal money order in the amount of the fees for one

day’s attendance and for the mileage allowed by law or rule.

The return address on the envelope and the address on the

returned delivery receipt shall be that of the party requesting

the subpoena or the party’s attorney.

(3) Unless filing is ordered by the court on motion of a

party or on its own motion, subpoenas and proofs of service

thereto shall be returned to the party requesting issuance and

may not be filed unless and until they are used in the

proceedings.

(e) Place of Service. A subpoena requiring the

attendance of a witness at a hearing or trial may be served at

any place within the State of Alaska.

(f) For Taking Deposition—Place of Examination.

(1) Issuance. An order to take a deposition authorizes the

issuance by the clerk of the court or by a magistrate judge of

subpoenas for the persons named or described therein.

(2) Place. The witness whose deposition is to be taken

may be required by subpoena to attend at any place designated

by the trial court within the state.

(g) Contempt. Failure by any person without adequate

excuse to obey a subpoena served upon that person may be

deemed a contempt of the court from which the subpoena

issued.

History

(Adopted by SCO 4 October 4, 1959; amended by SCO 90 effective July 24, 1967; by SCO 98 effective September 16, 1968; amended by SCO 157 effective February 15, 1973; by SCO 456 effective March 15, 1981; by SCO 518 effective October 1, 1982; by SCO 519 effective October 1, 1982; by SCO 939 effective January 15, 1989; by SCO 1153 effective July 15, 1994; and by SCO 1829 effective October 15, 2014) Note: Ch. 75 SLA 2002 (HB 106), Section 4, adds a new section to AS 06.01 relating to the confidentiality of depositor and customer records at banking and other financial institutions. According to Section 56 of the Act, AS 06.01.028(b) has the effect of changing Civil Rule 45, Criminal Rules 17 and 37, and Alaska Bar Rule 24 by requiring certain court orders compelling disclosure of records to provide for reimbursement of a financial institution’s reasonable costs of complying with the order. Cross References (b) CROSS REFERENCE: AS 12.50.050 (g) CROSS REFERENCE: AS 12.80.010

Provenance

Source
courts.alaska.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
fa845dafd46fc235082db8c259ad5c5be1b65bf63b0c8d34c6f766dcf6608255
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Alaska R. Crim. P. 17 — Subpoena · binding.law