Alaska

Criminal Procedure

Criminal Procedure

Rule 44 – Service and Filing of Papers

(a)Service – When Required. Written motions other than those which are heard ex parte, written notices, and similar papers shall be served upon the adverse parties.
(b)Service – How Made. Whenever under these rules or by an order of the court service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party is ordered by the court. Service upon the attorney or upon a party shall be made in the manner provided in civil actions.
(c)Distribution of Orders and Judgments. The clerk shall distribute to each party affected a copy of every order or judgment entered in the manner provided in civil actions. Every order and judgment shall include a clerk’s certificate of distribution as defined in Criminal Rule 32.3(d).
(d)Filing. Papers required to be served shall be filed with the clerk at the court location where the case is filed unless otherwise directed by the court. Papers shall be filed in the manner provided in the Alaska Rules of Civil Procedure.
(e)Proof of Service. Proof of service of all papers required by law or these rules to be served shall be filed in the clerk’s office promptly and in any event before action is to be taken therein by the court or the parties. The proof shall show the day and manner of service, and may be written acknowledgment of service, by certificate of an attorney, an authorized agent of the attorney, or a pro se defendant, by return of any peace officer, or by affidavit of any other person who served the papers.
(f)Form. Pleadings and other filings shall contain a certificate indicating whether the document contains information which is confidential under AS 12.61.100 through 12.61.150. The administrative director shall specify the form and content of the certificate and may exempt types of documents from the certificate requirement. In other respects, the form of pleadings and other filings shall be as provided in Alaska Rules of Civil Procedure 76.
(g)Filings in Microfilmed Cases. If a motion, petition or request is filed in a case that has been microfilmed and destroyed pursuant to the Records Retention Schedule, the attorney or party must attach (1) a copy of any relevant orders, judgments and other documents necessary for the court’s ruling, and (2) either proof of notice pursuant to Civil Rule 5(g) or an affidavit that Rule 5(g) is not applicable. If such documents are not attached, the clerk will notify counsel that such documents must be submitted before the court will consider the motion, petition or request.

Alaska R. Crim. P. 44

Adopted by SCO 4 October 4, 1959; amended by SCO 471 effective June 1, 1981; by SCO 554 effective April 4, 1983; by SCO 685 effective May 1, 1986; by SCO 694 effective September 15, 1986; by SCO 1081 effective nunc pro tunc September 17, 1991; by SCO 1121 effective July 15, 1993; by SCO 1153 effective July 15, 1994; and by SCO 1862 effective January 1, 2016.

The form of the certificate required by Criminal Rule 44(f) is specified in Administrative Bulletin 53. The certificate may be included in the document being filed or attached as a separate page. Parties may use Criminal Form CR-101 to satisfy the certificate requirement. It is available in clerk’s offices.