Rule 7.1 - Motions; Request to Reschedule Hearing or Trial(a)Motions. Motions are governed by Criminal Rule 42 except that(1) the moving party may not file a reply unless allowed by the court; and (2) if a party seeks expedited consideration, the motion must be titled expedited and the reasons for expedited consideration must be set out in the motion. A separate motion for expedited consideration shall not be filed. (b)Request to Reschedule Arraignment. The clerk is authorized to reschedule an arraignment upon request by a defendant.(c)Request to Reschedule Trial. (1)Form of Request. A request to reschedule trial must be submitted on a form authorized by the administrative director. The requesting party must include an explanation for the request, a list of available dates, and for defendants, a waiver of the right to a speedy trial for the period of delay caused by the request. A motion for expedited consideration shall not be filed. (2)Request by Prosecution. When the prosecutor, officer who issued the citation, or other representative under Rule 12(a) requests to reschedule a trial, the defendant will be notified and provided the opportunity to respond as provided below. (A) If the request is filed more than fifteen days before the scheduled trial date, (i) the clerk shall give written notice of the request to the defendant; and (ii) the defendant may file an opposition within 10 days of the date the clerk distributes the notice. (B) If the request is filed within 15 days before the scheduled trial date, the clerk shall attempt to notify the defendant by telephone, email, or fax. The clerk shall note the defendant's response on the request. (3)Request by Defendant. When a defendant requests to reschedule a trial, notice to the prosecution is not required. No opposition may be filed unless requested by the court. (4) Clerk's Authority. The clerk is authorized to reschedule the trial except the court will decide the request when (A) the requesting party has previously requested to reschedule the trial two times,(B) trial cannot be rescheduled within the time set for speedy trial under Rule 15, (C) an opposition is filed or noted, or(D) the clerk is unable to get a response from the defendant as provided in (2)(B).Alaska R. Min. Off. P. 7.1
Adopted by SCO 1895 effective 11/1/2016.