Alaska

Criminal Procedure

Criminal Procedure

Rule 17 – Subpoena

(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.

Alaska R. Crim. P. 17

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; and by SCO 1153 effective July 15, 1994; amended by SCO 1829 effective October 15, 2014

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.

(b) CROSS REFERENCE: AS 12.50.050 (g) CROSS REFERENCE: AS 12.80.010