Alaska R. Crim. P. 45

(a) Priorities in Scheduling Criminal Cases. The court

shall provide for placing criminal proceedings upon

appropriate calendars. Preference shall be given to criminal

proceedings and the trial of defendants in custody shall be

given preference over other criminal cases. The court shall

consider the circumstances of the victim, particularly a victim

of advanced age or extreme youth, in setting the trial date.

Trial dates in criminal cases in the superior court shall be set at

the time of arraignment, and if a trial date is thereafter vacated,

the trial shall be immediately set for a date certain.

(b) Speedy Trial Time Limits. A defendant charged

with a felony, a misdemeanor, or a violation shall be tried

within 120 days from the time set forth in paragraph (c) of this

rule.

(c) When Time Commences to Run.

(1) Generally. Except as provided in subparagraphs (2)

through (5), the time for trial shall begin running, without

demand by the defendant, from the date the charging document

is served upon the defendant.

(2) Refiling of Original Charge. If a charge is dismissed

by the prosecution, the refiling of the charge shall not extend

the time. If the charge is dismissed upon motion of the

defendant, the time for trial shall begin running from the date

of service of the second charge.

(3) New Charges. The Rule 45 commencement date for a

new charge arising out of the same criminal episode shall be

the same as the commencement date for the original charge,

unless the evidence on which the new charge is based was not

available to the prosecution on the commencement date for the

original charge. When the new charge is based on new

evidence and the prosecution has acted with due diligence in

investigating and bringing the new charge, the Rule 45

commencement date for the original charge shall be the same

as the commencement date for the new charge.

(4) Mistrial, New Trial or Remand. If the defendant is to

be tried again following a mistrial, an order for a new trial, or

an appeal or collateral attack, the time for trial shall run from

the date of mistrial, order granting a new trial, or remand.

(5) Withdrawal of Plea, or Notice That Defendant No

Longer Intends to Enter a Plea of Guilty or Nolo Contendere.

When a defendant withdraws a plea of guilty or nolo

contendere, the time for trial shall run from the date of the

order permitting the withdrawal. When a defendant who

previously informed the court of an intention to plead guilty or

nolo contendere notifies the court that the defendant now

intends to proceed to trial, the time for trial shall run from the

date of that notification.

(6) Minor Offenses. In cases involving minor offenses as

defined in Minor Offense Rule 2, the defendant must be tried

within 120 days from the date the defendant’s request for trial

is received by the court or the municipality, whichever occurs

first.

(d) Excluded Periods. The following periods shall be

excluded in computing the time for trial:

(1) The period of delay resulting from other proceedings

concerning the defendant, including but not limited to motions

to dismiss or suppress, examinations and hearings on

competency, the period during which the defendant is

incompetent to stand trial, interlocutory appeals, and trial of

other charges. Except as provided by Rule 16(d)(8)(C) for

defense discovery motions, no pretrial motion shall be held

under advisement for more than 30 days and any time longer

than 30 days shall not be considered as an excluded period.

(2) The period of delay resulting from an adjournment or

continuance granted at the timely request or with the consent

of the defendant and the defendant’s counsel. The court shall

grant such a continuance only if it is satisfied that the

postponement is in the interest of justice, taking into account

the public interest in the prompt disposition of criminal

offenses, and after consideration of the interests of the crime

victim, if known, as provided in (h) of this rule. A defendant

without counsel shall not be deemed to have consented to a

continuance unless the defendant has been advised by the court

of the right to a speedy trial under this rule and of the effect of

consent.

(3) The period of delay resulting from a continuance

granted at the timely request of the prosecution, if:

(A) The continuance is granted because of the unavailability of evidence material to the state’s case, when the

prosecuting attorney has exercised due diligence to obtain such

evidence and there are reasonable grounds to believe that such

evidence will be available at the later date; or

(B) The continuance is granted to allow the prosecuting

attorney in a felony case additional time to prepare the state’s

case and additional time is justified because of the exceptional

complexity of the particular case.

(4) The period of delay resulting from the absence or

unavailability of the defendant. A defendant should be

considered absent whenever the defendant’s whereabouts are

unknown and in addition the defendant is attempting to avoid

apprehension or prosecution or the defendant’s whereabouts

cannot be determined by due diligence. A defendant should be

considered unavailable whenever the defendant’s whereabouts

are known but the defendant’s presence for trial cannot be

obtained or the defendant resists being returned to the state for

trial.

(5) A reasonable period of delay when the defendant is

joined for trial with a codefendant as to whom the time for trial

has not run and there is good cause for not granting a

severance. In all other cases, the defendant shall be granted a

severance in order that the defendant may be tried within the

time limits applicable to the defendant.

(6) The period of delay resulting from detention of the

defendant in another jurisdiction provided the prosecuting

attorney has been diligent and has made reasonable efforts to

obtain the presence of the defendant for trial. When the

prosecution is unable to obtain the presence of the defendant in

detention, and seeks to exclude the period of detention, the

prosecution shall cause a detainer to be filed with the official

having custody of the defendant and request the official to

advise the defendant of the detainer and to inform the

defendant of the defendant’s rights under this rule.

(7) Other periods of delay for good cause.

(e) Rulings on Motions to Dismiss or Continue. In the

event the court decides any motion brought pursuant to this

rule, either to continue the time for trial or to dismiss the case,

the reasons underlying the decision of the court shall be set

forth in full on the record.

(f) Waiver. Failure of a defendant represented by

counsel to move for dismissal of the charges under these rules

prior to plea of guilty or trial shall constitute waiver of the

defendant’s rights under this rule.

(g) Absolute Discharge. If a defendant is not brought to

trial before the running of the time for trial, as extended by

excluded periods, the court upon motion of the defendant shall

dismiss the charge with prejudice. Such discharge bars

prosecution for the offense charged and for any other lesser

included offense within the offense charged.

(h) Victim’s Interest in Ruling on Motion to Continue.

Before ruling on a motion for a continuance in a case involving

a victim, as defined in AS 12.55.185, the court shall consider

the victim’s position, if known, on the motion to continue and

the effect of a continuance on the victim.