Alaska R. Crim. P. 42

(a) Generally. An application to the court for an order

shall be by motion. A motion other than one made during a

trial or hearing shall be in writing unless the court permits it to

be made orally.

(b) Supporting

Evidence—Memorandum—Order.

There shall be served and filed with the motion:

(1) legible copies of all photographs and other

documentary evidence which the moving party intends to

submit in support of the motion;

(2) a brief, complete written statement of the reasons in

support of the motion, which shall include a memorandum of

the legal points and authorities upon which the moving party

will rely and a detailed statement of material facts which can

be proved by the party; and

(3) an appropriate order for the court’s signature in the

event that the motion is granted.

(c) Response. Each party responding to the motion shall

either:

(1) serve and file a written statement that the party does

not oppose the motion; or

(2) serve and file a brief but complete written statement

of its reasons for opposing the motion, which shall include (A)

an answering memorandum of legal points and authorities, (B)

a detailed statement of the material facts disputed by the

responding party, as well as any additional material facts that

can be provided by the party, (C) legible copies of all

photographs and other documentary evidence upon which the

party intends to rely, and (D) an appropriate order for the

court’s signature in the event that the motion is denied.

Unless a different time is specified by these rules or is

ordered by the court, responses to motions shall be filed within

10 days after service of the motion.

(d) Reply. Reply and supplemental materials and

memoranda, if any, may be served and filed by the moving

party within five days of the date of service of the opposition

to the motion.

(e) Evidentiary Hearing.

(1) If either party desires that an evidentiary hearing be

held, that party shall request an evidentiary hearing on or

before the date a reply is due. The party shall submit a

proposed order with the request.

(2) The request for evidentiary hearing shall set forth an

estimate of time needed for all parties to submit evidence.

(3) If material issues of fact are not presented in the

pleadings, the court need not hold an evidentiary hearing. The

amount of time to be allowed for evidentiary hearing shall be

set by the court.

(4) Where appropriate, the court shall make factual

findings in accordance with Rule 12(d).

(f) Oral Argument.

(1) If either party desires oral argument on the motion,

that party shall request a hearing on or before the date a reply

was due. The party shall submit a proposed order with the

request.

(2) The request for hearing shall set forth an estimate of

time needed of argument.

(3) Oral argument shall be held only in the discretion of

the court. The amount of time to be allowed for oral argument

shall be set by the court. If an evidentiary hearing is held, oral

argument will be heard at the close of the evidence, unless

otherwise ordered by the court.

(g) Combined Request and Motion. A party may

combine a request for evidentiary hearing or a request for oral

argument with the principal motion. The language “Request

for Oral Argument” or “Request for Evidentiary Hearing” must

appear in the title of the document.

(h) Ruling. The court shall rule promptly on all motions.

If no opposition or statement of non-opposition has been filed,

the court may determine whether the moving party has made a

prima facie showing of entitlement to the relief requested

without further notice to the parties. If a prima facie showing is

made, the court may grant the motion. If the court denies a

motion to which no opposition has been filed, the court must

set forth the reasons for the denial with specificity.

(i) Expedited Consideration. A party may move for

expedited consideration of its principal motion by filing a

second motion requesting relief in less time than would

normally be required for the court to issue a decision.

(1) The motion must be captioned “Motion for Expedited

Consideration” and must have an appropriate order on the

issue of expedited consideration attached.

(2) The motion for expedited relief must comply with

other provisions of this rule.

(3) The motion for expedited consideration must include

an affidavit or other evidence showing the facts which justify

expedited consideration, and the date before which a decision

on the principal motion is needed.

(4) The motion for expedited consideration must include

proof of service; and, if the motion requests a decision before

the usual time for response to the motion, must include a

certificate of counsel indicating when and how the opposing

party was notified of the motion, or, if the opposing party was

not notified, what efforts were made to notify the opposing

party and why it was not practical to notify the opposing party

in a manner and at a time that a response could be made.

(5) The court may not grant the motion for expedited

consideration prior to allowing the opposing party a reasonable

opportunity to respond, either in person, by telephone or in

writing, absent compelling reasons for a prompt decision and a

showing that reasonable efforts were made to notify the

opposing party of the motion for expedited consideration in

time to allow a reasonable opportunity to respond.

(6) The court may not grant the principal motion prior to

allowing the opposing party a reasonable opportunity to

respond, either in person, by telephone or in writing, unless it

clearly appears from the specific facts in the motion papers or

court records that immediate and irreparable injury, loss or

damage would result to the moving party before any

reasonable opportunity to respond could be given.

(j) Stipulations. Stipulations between counsel may be

submitted in support of motions, but are not binding on the

court unless otherwise specifically provided by rule.

(k) Reconsideration. A motion to reconsider the ruling

must be made within ten days after the date of notice of the

ruling as defined in Criminal Rule 32.3(c). In no event shall a

motion to reconsider a ruling be made more than ten days after

the date of notice of the final judgment in the case.

(1) A party may move the court to reconsider a ruling

previously decided if, in reaching its decision,

(A) the court has overlooked, misapplied or failed to

consider a statute, decision, or principle directly controlling; or

(B) the court has overlooked or misconceived some

material fact or proposition of law; or

(C) the court has overlooked or misconceived a material

question in the case; or

(D) the law applied in the ruling has been subsequently

changed by court decision or statute.

(2) The motion for reconsideration shall specifically state

which of the grounds for reconsideration specified in the prior

subparagraph exist, and shall specifically designate that portion

of the ruling, the memorandum, or the record, or that particular

authority, which the movant wishes the court to consider. The

motion for reconsideration and supporting memorandum shall

not exceed five pages.

(3) No response shall be made to a motion for

reconsideration unless requested by the court, but a motion for

reconsideration will ordinarily not be granted in the absence of

such a request.

(4) If the motion for reconsideration has not been ruled

upon by the court within 30 days from the date of the filing of

the motion, or within 30 days of the date of filing of a response

requested by the court, whichever is later, the motion shall be

taken as denied.

(5) The court, on its own motion, may reconsider a ruling

at any time not later than 10 days from the date of notice of the

final judgment in the case.

(l) Citation of Supplemental Authorities. When

pertinent authorities come to the attention of a party after the

party’s memorandum has been filed, or after oral argument but

before decision, the party may promptly advise the court, by

letter, with a copy to adversary counsel, setting forth the

citations. There must be a reference either to the page of the

memorandum or to a point argued orally to which the citations

pertain, but the letter may not contain argument or

explanations. Any response must be made promptly and must

be similarly limited.

(m) No Effect on Substantive Law. Nothing in this rule

should be construed as allocating the burden of pleading or

production to any party.

(n) Variations on Time Periods. The court may vary

any of the time periods established in this rule for good cause

shown.