ALASKA COURT RULES

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. (Adopted by SCO 4 October 4, 1959; amended by SCO 131 effective September 1, 1971; by SCO 151 on March 9, 1972, nunc pro tunc as of September 1, 1971; by SCO 227 effective January 1, 1976; by SCO 240 effective February 4, 1976; by SCO 427 effective August 1, 1980; by SCO 486 effective November 16, 1981; by SCO 746 effective December 15, 1986; by SCO 932 effective January 15, 1989; by SCO 1127 effective July 15, 1993; by SCO 1153 effective July 15, 1994; by SCO 1291 effective January 15, 1998; by SCO 1383 effective April 15, 2000; by SCO 1422 effective April 15, 2001; by SCO 1788 effective June 19, 2012; by SCO 1787 effective July 1, 2012; and by SCO 1775 effective October 15, 2019) Editor’s Note: Effective May 12, 2025, SCO 2038 amends Criminal Rule 45 for pretrial pending criminal cases filed before January 1, 2023, and periods excluded in computing the time for trial. SCO 2038 is available on the Alaska Court System’s website at http://courts.alaska.gov/sco/index.htm Note (effective nunc pro tunc to June 19, 2012): Chapter 72, section 7, SLA 2012 (SB 135), effective June 19, 2012, amended Criminal Rule 45(d)(2) relating to the rights of crime victims, as reflected in section 4 of this Order. The changes to Criminal Rule 45(d)(2) are adopted for the sole reason that the legislature has mandated the amendments. Note (effective nunc pro tunc to June 19, 2012): Chapter 72, section 8, SLA 2012 (SB 135), effective June 19, 2012, amended Criminal Rule 45 relating to the rights of crime victims, as reflected in section 6 of this Order. The changes to Criminal Rule 45(h) are adopted for the sole reason that the legislature has mandated the amendments. Note: Chapter 71, section 47, SLA 2012 (SB 86), effective July 1, 2012, amended Criminal Rule 45(a) relating to the protection of vulnerable adults, as reflected in section 4 of this Order. The changes to Criminal Rule 45(a) are adopted for the sole reason that the legislature has mandated the amendments.