Alaska

Criminal Procedure

Criminal Procedure

Rule 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(u) govern telephonic participation in grand jury proceedings.

Alaska R. Crim. P. 38.1

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; and by SCO 1161 effective July 15, 1994; and by SCO 1883 effective July 1, 2016.