AK · rules
Alaska R. Crim. P. 38.1
Telephonic Participation in Criminal Cases
(a) In any proceeding at which the defendant’s presence
is required under Criminal Rule 38(a), as modified by Rule
38.2, the defendant may waive the right to be present and
request to participate by telephone. The defendant’s waiver of
the right to be physically present may be obtained orally on the
record or in writing. If Rule 5(g)(2) applies, no waiver from
the defendant is required. The court may allow telephonic
participation of one or more parties, counsel or the judge at any
proceeding in its discretion. The court may allow telephonic
participation of witnesses at bail hearings, omnibus hearings,
probation revocation hearings or at trial with the consent of the
prosecution and the defendant. The court may allow telephonic
participation of witnesses at other hearings in its discretion.
(b) The provisions of AS 12.35.015 shall govern the
issuance of search warrants by telephone.
(c) The provisions of Criminal Rule 6(v) govern
telephonic participation in grand jury proceedings.
History
(Amended by SCO 622 effective June 15, 1985; by SCO 897 effective July 15, 1988; by SCO 960 effective July 15, 1989; by SCO 1115 effective January 15, 1993; by SCO 1161 effective July 15, 1994; by SCO 1883 effective July 1, 2016; and by SCO 1993 effective December 1, 2022)
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
4daaf388f6d3920b060a6e4cacb1c48781130ed488a54a94e169fa3655e085d5
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