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AK · rules

Alaska R. Crim. P. 38

Presence of the Defendant

activein force · 2019-07-09 – presentact-effective-date

(a) Presence Required. A defendant charged with a

felony offense shall be present at a felony first appearance, an

arraignment, any hearing where evidence will be presented, a

change of plea hearing, at every stage of trial, including the

impaneling of the jury and return of the verdict, at a sentencing

hearing, and at a hearing on an adjudication or disposition for a

petition to revoke probation.

(1) The defendant shall be physically present for every

hearing at which evidence will be presented and all stages of

the trial including the impaneling of the jury and return of the

verdict; but

(2) Unless Rule 38.2 applies, the defendant may elect to

be present by telephone or by videoconference at any other

proceeding, subject to the approval of the court.

(b) Presence Not Required. A defendant need not be

present in the following situations:

(1) In felony prosecutions, the court may, with the written

consent of the defendant, permit the absence of the defendant

for all hearings not listed in subsection (a) of this rule;

(2) In prosecutions for minor offenses or misdemeanors,

the court may, with the written consent of the defendant,

conduct all hearings, including arraignment, plea, trial, and

imposition of sentence, in the defendant’s absence. A

defendant’s consent to allow the entry of a guilty or no contest

plea, trial, or sentencing to proceed in the defendant’s absence

must be approved by the court in advance of the proceeding;

(3) An organization as defined in AS 11.81.900(b) may

appear by counsel for all purposes; and

(4) The defendant’s presence is not required at a hearing

on reduction of sentence under Rule 35(a).

(c) Continued Presence Not Required. A trial may

continue without the presence of a defendant if the defendant is

voluntarily absent after the start of the trial or the defendant

has engaged in conduct during the trial justifying exclusion

from the courtroom.

(d) Hearing Notice. The court shall provide a notice to a

defendant of the date, time, and place of a scheduled hearing at

which the defendant is required to appear, in a form and

manner established by the court.

(e) Hearing Reminder. In addition to the notice

required under (d) of this rule, the court shall provide a

reminder notification to a defendant who is not in custody and

to the Department of Corrections at least 48 hours prior to a

scheduled hearing at which the defendant is required to appear

regarding the date, time, and place of the scheduled hearing

and the potential consequences of failure to appear, in a form

and manner established by the court.

(f) Effect of Hearing Reminder. If a defendant

received actual notice of a hearing, whether oral or written and

whether to the defendant’s attorney or to the defendant

personally, then failure to receive a hearing reminder under

subsection (e) of this rule is not a defense to the defendant’s

failure to appear at the hearing.

History

(Adopted by SCO 4 October 4, 1959; amended by SCO 157 effective February 15, 1973; by SCO 1153 effective July 15, 1994; rescinded and readopted by SCO 1914 effective October 16, 2017; amended by SCO 1939 effective January 1, 2019; by SCO 1941 effective January 1, 2019 and by SCO 1951 nunc pro tunc July 9, 2019) Note: Chapter 36, SLA 2016 (SB 91) enacted a number of changes relating to criminal procedure. Section 178 of the Act added a new subsection (d) requiring the court to notify the defendant of the hearing date, time, and place for a required appearance. Section 178 of the Act requires the court to also send a reminder notice for that hearing, at least 48 hours in advance, to a defendant not in custody and to the Department of Corrections and include the potential consequences of failure to appear. This rule change is adopted for the sole reason that the legislature has mandated the amendment.

Provenance

Source
courts.alaska.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
2536c4e5d60f4a17f8988fa8d8fda7df498bbc8277096925f1ca25e5d37392ba
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