# Alaska R. Crim. P. 16: Rule 16. Discovery

> Alaska · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_AK_CRIM_R16

## Section

- **Citation:** Alaska R. Crim. P. 16
- **Heading:** Rule 16. Discovery
- **Jurisdiction:** Alaska
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Alaska Rules of Court / Alaska Rules of Criminal Procedure / Alaska R. Crim. P. 16

## Text

(a) Scope of Discovery. In order to provide adequate
information for informed pleas, expedite trial, minimize
surprise, afford opportunity for effective cross-examination,
and meet the requirements of due process, discovery prior to
trial should be as full and free as possible consistent with
protection of persons, effective law enforcement, and the
adversary system.
(b) Disclosure to the Accused.
(1) Information within Possession or Control of
Prosecuting Attorney.
(A) Except as is otherwise provided as to matters not
subject to disclosure and protective orders, the prosecuting
attorney shall disclose the following information within the
prosecuting attorney’s possession or control to defense counsel
and make available for inspection and copying:
(i) The names and addresses of persons known by the
government to have knowledge of relevant facts and their
written or recorded statements or summaries of statements;
(ii) Any written or recorded statements and summaries of
statements and the substance of any oral statements made by
the accused;
(iii) Any written or recorded statements and summaries of
statements and the substance of any oral statements made by a
co-defendant;
(iv) Any books, papers, documents, photographs or
tangible objects, which the prosecuting attorney intends to use
in the hearing or trial or which were obtained from or belong to
the accused; and
(v) Any record of prior criminal convictions of the
defendant and of persons whom the prosecuting attorney
intends to call as witnesses at the hearing or trial.
(B) Expert Witnesses. Unless a different date is set by
the court, as soon as known and no later than 45 days prior to
trial, the prosecutor shall inform the defendant of the names
and addresses of any expert witnesses performing work in
connection with the case or whom the prosecutor is likely to
call at trial. The prosecutor shall also make available for
inspection and copying any reports or written statements of
these experts
t date is set by
the court, as soon as known and no later than 45 days prior to
trial, the prosecutor shall inform the defendant of the names
and addresses of any expert witnesses performing work in
connection with the case or whom the prosecutor is likely to
call at trial. The prosecutor shall also make available for
inspection and copying any reports or written statements of
these experts. With respect to each expert whom the
prosecution is likely to call at trial, the prosecutor shall also
furnish to the defendant a curriculum vitae and a written
description of the substance of the proposed testimony of the
expert, the expert’s opinion, and the underlying basis of that
opinion. Failure to provide timely disclosure under this rule
shall entitle the defendant to a continuance. If the court finds
that a continuance is not an adequate remedy under the
circumstances of the case, the court may impose other
sanctions, including prohibiting the prosecutor from calling the
expert at trial or declaring a mistrial.
(2) Information Provided by Informant—Electronic
Surveillance. The prosecuting attorneys shall inform defense
counsel:
(A) of any relevant material or information relating to the
guilt or innocence of the defendant which has been provided
by an informant, and
(B) of any electronic surveillance, including wiretapping,
of
(i) conversations to which the accused or the accused’s
attorney was a party,
(ii) premises of the accused or the accused’s attorney.
(3) Information Tending to Negate Guilt or Reduce
Punishment. The prosecuting attorney shall disclose to defense
counsel any material or information within the prosecuting
attorney’s possession or control which tends to negate the guilt
of the accused as to the offense or would tend to reduce the
accused’s punishment therefor.
party,
(ii) premises of the accused or the accused’s attorney.
(3) Information Tending to Negate Guilt or Reduce
Punishment. The prosecuting attorney shall disclose to defense
counsel any material or information within the prosecuting
attorney’s possession or control which tends to negate the guilt
of the accused as to the offense or would tend to reduce the
accused’s punishment therefor.
(4) Information Within Possession or Control of Other
Members of Prosecuting Attorney’s Staff. The prosecuting
attorney’s obligations extend to material and information in the
possession or control of
(A) members of the prosecuting attorney’s staff, and
(B) any others who have participated in the investigation
or evaluation of the case and who either regularly report or
with reference to the particular case have reported to the
prosecuting attorney’s office.
(5) Availability of Information to Defense Counsel.
Whenever defense counsel designates and requests production
of material or information which is not in the possession or
control of the prosecuting attorney but would be discoverable
if in the possession or control of the prosecuting attorney, the
court shall issue suitable subpoenas or orders to cause such
material to be made available to defense counsel.
(6) Information Regarding Searches and Seizures—
Statements From the Accused—Relationship of Witnesses to
Prosecuting Attorney. Except as otherwise provided the
prosecuting attorney shall, upon request of defense counsel,
disclose and permit inspection, testing, copying and
photographing of any relevant material and information
regarding:
(A) Specified searches and seizures;
(B) The acquisition of specified statements from the
accused; and
(C) The relationship, if any, of specified witnesses to the
prosecuting authority.
s otherwise provided the
prosecuting attorney shall, upon request of defense counsel,
disclose and permit inspection, testing, copying and
photographing of any relevant material and information
regarding:
(A) Specified searches and seizures;
(B) The acquisition of specified statements from the
accused; and
(C) The relationship, if any, of specified witnesses to the
prosecuting authority.
(7) Other Information. Upon a reasonable request
showing materiality to the preparation of the defense, the court
in its discretion may require disclosure to defense counsel of
relevant material and information not covered by subsections
(b)(1), (b)(2), (b)(3), and (b)(6).
(8) Legal Research and Records of Prosecuting Attorney.
Disclosure shall not be required of legal research or of records,
correspondence, reports or memoranda to the extent that they
contain the opinions, theories or conclusions of the prosecuting
attorney or members of the prosecuting attorney’s legal staff.
(9) Restriction on Availability of Certain Material.
Notwithstanding (b)(1)(A)(iv) of this rule, the court shall deny
any request by the defendant to copy, photograph, duplicate, or
otherwise reproduce any material prohibited under AS
11.41.455(a) or defined as “child pornography” under 18
U.S.C. 2256, if the prosecuting attorney makes the material
reasonably available for inspection by the defendant and
defense counsel. The material shall be considered to be made
reasonably available to the defendant or defense counsel if the
prosecuting attorney provides, at a law enforcement or
prosecution facility, ample opportunity for inspection, viewing,
and examination of the material by the defendant and the
defendant's attorney. If the defendant is not represented by
counsel and demonstrates a need to view the material, the court
shall make arrangements for the defendant to be supervised
while viewing the material
f the
prosecuting attorney provides, at a law enforcement or
prosecution facility, ample opportunity for inspection, viewing,
and examination of the material by the defendant and the
defendant's attorney. If the defendant is not represented by
counsel and demonstrates a need to view the material, the court
shall make arrangements for the defendant to be supervised
while viewing the material. If the defendant or the defendant's
attorney identifies an expert who must view the material, the
court shall make arrangements for the court or the law
enforcement agency that possesses it to send the material
directly to the expert.
(c) Disclosure to the Prosecuting Attorney.
(1) Non-Testimonial
Identification
Procedures—
Authority. Upon application of the prosecuting attorney, the
court by order may direct any person to participate in one or
more of the procedures specified in subsection (c)(2) of this
rule if affidavit or testimony shows probable cause to believe
that:
(A) An offense has been committed by one of several
persons comprising a narrow focal group that includes the
subject person;
(B) The evidence sought may be of material aid in
identifying who committed the offense; and
(C) The evidence sought cannot practicably be obtained
from other sources.
(2) Non-Testimonial Identification Procedures—Scope.
An order issued under subsection (c)(1) of this rule may direct
the person to do or submit to any and all of the following:
(A) Appear in a line-up;
(B) Speak words, phrases or sentences relevant to the
case for identification by witnesses;
(C) Be fingerprinted;
(D) Pose for photographs not involving reenactment of a
scene;
(E) Try on articles of clothing;
(F) Permit the taking of specimens of material under the
person’s fingernails;
(G) Permit the taking of samples of blood, hair and other
materials of the person’s body which involve no unreasonable
intrusion thereof;
(H) Provide specimens of the person’s handwriting;
(I) Submit to a reasonable physical or medical
inspecti
involving reenactment of a
scene;
(E) Try on articles of clothing;
(F) Permit the taking of specimens of material under the
person’s fingernails;
(G) Permit the taking of samples of blood, hair and other
materials of the person’s body which involve no unreasonable
intrusion thereof;
(H) Provide specimens of the person’s handwriting;
(I) Submit to a reasonable physical or medical
inspection of the person’s body.
(3) Right to Counsel. When issuing an order under
subsection (c) (1) of this rule, the court shall also order that the
person be represented by counsel or waive the right to be
represented by counsel before being required to appear in a
lineup, give a specimen of handwriting, or speak for
identification by witnesses to an offense.
(4) Expert Witnesses. Unless a different date is set by the
court, no later than 30 days prior to trial, the defendant shall
inform the prosecutor of the names and addresses of any expert
witnesses the defendant is likely to call at trial. The defendant
shall also make available for inspection and copying any
reports or written statements of these experts. For each such
expert witness, the defendant shall also furnish to the
prosecutor a curriculum vitae and a written description of the
substance of the proposed testimony of the expert, the expert’s
opinion, and the underlying basis of that opinion. Failure to
provide timely disclosure under this rule shall entitle the
prosecutor to a continuance. If the court finds that a
continuance
is
not
an
adequate
remedy
under
the
circumstances of the case, the court may impose other
sanctions, including prohibiting the defendant from calling the
expert at trial. Information obtained by the prosecutor under
this rule may be used only for cross-examination or rebuttal of
defense testimony.
e shall entitle the
prosecutor to a continuance. If the court finds that a
continuance
is
not
an
adequate
remedy
under
the
circumstances of the case, the court may impose other
sanctions, including prohibiting the defendant from calling the
expert at trial. Information obtained by the prosecutor under
this rule may be used only for cross-examination or rebuttal of
defense testimony.
(5) Notice of Defenses. Unless a different date is set by
the court, no later than 10 days prior to trial, the defendant
shall inform the prosecutor of the defendant’s intention to rely
upon a defense of alibi, justification, duress, entrapment, or
other statutory or affirmative defense. Failure to provide timely
notice under this rule shall entitle the prosecutor to a
continuance. If the court finds that a continuance is not an
adequate remedy under the circumstances of the case, the court
may impose other sanctions, including prohibiting the
defendant from asserting the designated defense. The
defendant shall give notice of an insanity defense or a defense
of diminished capacity due to mental disease or defect in
compliance with AS 12.47.
(6) Physical Evidence. If defense counsel or defense
counsel’s agent acquires physical evidence of the offense,
defense counsel must immediately notify the prosecutor and
must make arrangements to turn over the evidence to the
prosecutor within a reasonable time. Differences concerning
what amount of time is “reasonable” shall be resolved by the
court. Defense counsel must not test or substantively alter the
evidence, unless defense counsel has first notified the
prosecutor and given the prosecutor a reasonable opportunity
to seek court action. Defense counsel must reveal all
information concerning the manner in which the evidence was
obtained and handled unless that information is privileged.
When physical evidence is disclosed by the defense, the
prosecutor cannot reveal to the jury that the evidence was
obtained from the defense.
st notified the
prosecutor and given the prosecutor a reasonable opportunity
to seek court action. Defense counsel must reveal all
information concerning the manner in which the evidence was
obtained and handled unless that information is privileged.
When physical evidence is disclosed by the defense, the
prosecutor cannot reveal to the jury that the evidence was
obtained from the defense.
(d) Regulation of Discovery.
(1) Advice to Refrain From Discussing Case. Except as
is otherwise provided as to matters not subject to disclosure
and protective orders, neither counsel for the parties nor other
prosecution or defense personnel shall advise persons (except
the accused) having relevant material or information to refrain
from discussing the case with opposing counsel or showing
opposing counsel any relevant material, nor shall they
otherwise impede opposing counsel’s investigation of the case.
(2) Additional or Newly Discovered Information. If,
subsequent to compliance with these rules or orders issued
pursuant thereto, a party discovers additional material or
information which is subject to disclosure, that party shall
promptly notify the other party or the other party’s counsel of
its existence. If the additional material or information is
discovered during trial, the court shall also be notified.
(3) Materials to Remain in Custody of Attorney.
(A) Materials furnished to an attorney pursuant to these
rules shall be used only for the purpose of conducting the case.
The following materials must remain in the custody of the
defense attorney, the attorney’s staff, investigators, experts,
and others as necessary for the preparation of the defendant’s
case, and shall be subject to other terms and conditions that the
court may provide. The materials listed in this paragraph shall
not be provided to the defendant, but the information in the
materials may be shared with the defendant to the extent
necessary to prepare the defense of the case:
ney’s staff, investigators, experts,
and others as necessary for the preparation of the defendant’s
case, and shall be subject to other terms and conditions that the
court may provide. The materials listed in this paragraph shall
not be provided to the defendant, but the information in the
materials may be shared with the defendant to the extent
necessary to prepare the defense of the case:
(i) a criminal history record of a victim or witness;
(ii) a medical, psychiatric, psychological, or counseling
record of a victim or witness;
(iii) an adoption record;
(iv) a record that is confidential under AS 47.12.300 or a
similar law in another jurisdiction;
(v) a report of a presentence investigation of a victim or
witness prepared pursuant to Criminal Rule 32.1 or a similar
law in another jurisdiction;
(vi) a record of the Department of Corrections other than
the defendant’s own file and any other incident report relating
to the crime with which the defendant is charged;
(vii) any other record that the court orders be kept in the
exclusive custody of the attorney;
(viii) in a prosecution under AS 11.41.410 – 11.41.440 or
11.41.450, an audio or video interview of a victim;
(ix) in a prosecution under AS 11.41.410 – 11.41.440 or
11.41.450, photographs taken during a medical examination of
a victim.
(B) An attorney shall not disclose to a defendant the
residence or business address or telephone number of a victim
or witness, obtained from information provided under this rule,
even if the defendant is acting as co-counsel. If the address and
telephone numbers of all victims and witnesses have been
obliterated, materials that had contained the address or
telephone number of a victim or witness may be provided to a
defendant proceeding without counsel only as allowed by AS
12.61.120
number of a victim
or witness, obtained from information provided under this rule,
even if the defendant is acting as co-counsel. If the address and
telephone numbers of all victims and witnesses have been
obliterated, materials that had contained the address or
telephone number of a victim or witness may be provided to a
defendant proceeding without counsel only as allowed by AS
12.61.120.
(C) Notwithstanding a defendant’s status as co-counsel,
materials covered by subsection (d)(3)(A) shall remain in the
custody of the defendant’s attorney, the attorney’s staff,
investigators, experts, and others as necessary for the
preparation of the defendant’s case, and shall be subject to
other terms and conditions that the court may provide.
(D) If a defendant is proceeding without counsel, materi-
als covered by subsection (d)(3)(A) may be provided to the
defendant. If materials are provided to an unrepresented
defendant under this paragraph, the court shall order that the
materials remain in the defendant’s exclusive custody, be used
only for purposes of conducting the case, and be subject to
other terms, conditions, and restrictions that the court may
provide. Upon a showing of good cause, the court may impose
specific terms, conditions, or restrictions concerning inspection
of the materials by other persons involved in the preparation of
the case, such as staff, investigators, experts, witnesses, or
others. The court shall also inform the defendant and such
other persons involved in the preparation of the case that viola-
tion of an order issued under this paragraph is punishable as a
contempt of court and may also constitute a criminal offense.
ning inspection
of the materials by other persons involved in the preparation of
the case, such as staff, investigators, experts, witnesses, or
others. The court shall also inform the defendant and such
other persons involved in the preparation of the case that viola-
tion of an order issued under this paragraph is punishable as a
contempt of court and may also constitute a criminal offense.
(4) Restriction or Deferral of Disclosure of Information.
Upon a showing of cause, the court may at any time order that
specified disclosure be restricted or deferred, or make such
other order as is appropriate, provided that all material and
information to which a party is entitled shall be disclosed in
time to permit the party’s counsel to make beneficial use
thereof.
(5) Material Partially Discoverable. When some parts of
certain material are discoverable under these rules, and other
parts are not discoverable, as much of the material shall be
disclosed as is consistent with this rule. Excision of certain
material and disclosure of the balance shall be preferred to
withholding of the whole. Material excised pursuant to court
order shall be sealed and preserved in the records of the court,
and shall be made available to the court of appeals and the
supreme court in the event of an appeal.
(6) Denial or Regulation of Disclosure— Disclosure to
Court in Camera—Record of Proceedings.
Upon request of any party, the court may permit:
(A) any showing of cause for denial or regulation of
disclosure, or
(B) any portion of any showing of cause for denial or
regulation of disclosure to be made to the court in camera ex
parte. A record shall be made of such proceedings. If the court
enters an order granting relief following such a showing, the
entire record of the proceedings shall be sealed and preserved
in the records of the court, to be made available to the court of
appeals and the supreme court in the event of an appeal.
cause for denial or
regulation of disclosure to be made to the court in camera ex
parte. A record shall be made of such proceedings. If the court
enters an order granting relief following such a showing, the
entire record of the proceedings shall be sealed and preserved
in the records of the court, to be made available to the court of
appeals and the supreme court in the event of an appeal.
(7) Confidential Filing. A party that files with the court
or offers as an exhibit materials listed in subsection (d)(3)(viii)
or (d)(3)(ix) of this rule shall file the materials in a confidential
envelope. In this paragraph, “confidential” has the meaning
given in Rule 37.5, Alaska Rules of Administration.
(8) Motions.
(A) A party may file a motion to enforce discovery
obligations. The motion should be captioned “Expedited
Motion under Criminal Rule 16(d)(8).” The motion must
include copies of the documents showing that the moving party
has asked the other party to produce the materials, and that the
request described the materials with sufficient specificity to put
the other party on notice of the materials sought. The motion
must also include copies of any response by the other party to
the request for production. Finally, the motion must include an
affidavit by the moving party that it has conferred, or has
attempted to confer, with the other party in an effort to secure
the requested disclosure without court action.
(B) Any opposition to a motion to enforce discovery
obligations must be filed within 10 days of service of the
motion; any reply must be filed within five days of service of
the opposition. No enlargement of time will be granted without
a showing of extraordinary and compelling circumstances.
(C) All motions to enforce the discovery obligations
established by this rule, or by a court order under this rule,
shall be decided promptly
discovery
obligations must be filed within 10 days of service of the
motion; any reply must be filed within five days of service of
the opposition. No enlargement of time will be granted without
a showing of extraordinary and compelling circumstances.
(C) All motions to enforce the discovery obligations
established by this rule, or by a court order under this rule,
shall be decided promptly. Unless good cause exists to allow
more time, any motion to enforce the government’s disclosure
duties under subsection (b) of this rule, or to enforce the
defendant’s disclosure duties under subsection (c) of this rule,
must be decided by the court within 20 days after the motion
becomes ripe for decision, whether or not the opposing party
files an opposition. If the court fails to decide the motion
within this period, any additional delay will not be excluded in
computing the time for trial under Rule 45(d)(1).
(D) If the court issues an order directing the production of
materials within the possession of a law enforcement agency,
the prosecutor shall promptly serve that order on the law
enforcement agency responsible for providing the materials.
(e) Failure to Comply with Discovery Rule or Order..
(1) If at any time during the course of the proceedings it
is brought to the attention of the court that a party has failed to
comply with an applicable discovery rule or an order
governing discovery, the court may:
(A) order that party to permit the discovery or inspection;
specify its time, place, and manner; and prescribe other just
terms and conditions;
(B) schedule and hold a discovery hearing;
(C) prohibit that party from introducing the undisclosed
evidence;
(D) grant a continuance;
(E) enter a mistrial at the request of the aggrieved party;
or
(F) enter any other order as it deems just under the
circumstances.
to permit the discovery or inspection;
specify its time, place, and manner; and prescribe other just
terms and conditions;
(B) schedule and hold a discovery hearing;
(C) prohibit that party from introducing the undisclosed
evidence;
(D) grant a continuance;
(E) enter a mistrial at the request of the aggrieved party;
or
(F) enter any other order as it deems just under the
circumstances.
(2) After notice and an opportunity to be heard, the court
may impose appropriate sanctions on any attorney who
willfully violates the disclosure duties imposed by this rule or
an applicable discovery order.
(3) Prior to making an order under paragraph (e)(1) or
(e)(2) of this rule, the court shall consider
(A) the
nature
of
the
violation,
including
the
reasonableness of the conduct and the materiality of the
information that the party failed to disclose;
(B) the prejudice to the opposing party;
(C) the relationship between the information the party
failed to disclose and the proposed sanction;
(D) whether a lesser sanction would adequately protect
the opposing party and deter other discovery violations;
(E) whether a motion was filed under paragraph (d)(8) of
this rule, if applicable; and
(F) other factors deemed appropriate by the court or
required by law.
(f) Omnibus Hearing.
(1) Time for Hearing—When Set. If the defendant is
charged with a felony, the court shall set a time for an omnibus
hearing when a plea of not guilty is entered. The omnibus
hearing shall be scheduled for a time when the briefing of
pretrial motions should be complete.
The omnibus hearing may be cancelled by the court only
upon the stipulation of counsel that there are no motions which
require hearing and that discovery is complete. Counsel shall
also provide the information outlined in section (f)(2)(D).
The court may set an omnibus hearing in a misdemeanor
case.
ing shall be scheduled for a time when the briefing of
pretrial motions should be complete.
The omnibus hearing may be cancelled by the court only
upon the stipulation of counsel that there are no motions which
require hearing and that discovery is complete. Counsel shall
also provide the information outlined in section (f)(2)(D).
The court may set an omnibus hearing in a misdemeanor
case.
(2) Duties of Trial Court at Hearing. At the omnibus
hearing the court shall:
(A) ensure that discovery under this rule is complete;
(B) rule on any pending motions which are ripe for
decision;
(C) schedule any necessary evidentiary hearings; and
(D) obtain case management information from the
parties, including the expected length of trial, the likelihood of
trial, and any anticipated scheduling difficulties.
Editor’s Note: Effective May 12, 2025, SCO 2038 amends
Criminal Rule 16(e)(1) for pretrial pending criminal cases filed
before January 1, 2023, and failure to comply with a discovery
rule or order. SCO 2038 is available on the Alaska Court
System’s website at http://courts.alaska.gov/sco/index.htm
Note:
AS 12.61.120, added by ch. 57, § 13, SLA 1991,
amended Criminal Rule 16 by restricting discovery available to
criminal defendants.
Note:
Criminal Rule 16 was repealed and reenacted by
chapter 95 SLA 1996. In State v. Summerville, 926 P.2d 465
(Alaska App. 1996), the Alaska Court of Appeals found that
the legislature’s version of the rule was unconstitutional. This
decision was affirmed by the Alaska Supreme Court in State v.
Summerville, 948 P.2d 469 (Alaska 1997). Thus, the pre-
existing version of the rule remains in effect.
Note:
Chapter 43, SLA 2013 (SB 22), effective nunc pro
tunc to July 1, 2013, amended Criminal Rule 16(b) by adding a
new paragraph (9) relating to requests by defendants to copy,
photograph, duplicate, or otherwise reproduce certain prohi-
bited material. This rule change is adopted for the sole reason
that the legislature has mandated the amendment
ing version of the rule remains in effect.
Note:
Chapter 43, SLA 2013 (SB 22), effective nunc pro
tunc to July 1, 2013, amended Criminal Rule 16(b) by adding a
new paragraph (9) relating to requests by defendants to copy,
photograph, duplicate, or otherwise reproduce certain prohi-
bited material. This rule change is adopted for the sole reason
that the legislature has mandated the amendment.
Note:
Chapter 60, sections 3-4, SLA 2014 (SB 187),
effective nunc pro tunc to July 8, 2014, amended Criminal Rule
16(d) by adding new items (viii) and (ix) to subparagraph
(3)(A), by amending subparagraph (3)(D), and by adding new
paragraph (7) limiting disclosure of recordings of victim
interviews or certain photographs in prosecutions under AS
11.41.410-.440 or AS 11.41.450. This rule change is adopted
for the sole reason that the legislature has mandated the
amendment.

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- [Alaska R. Crim. P. 13 Rule 13. Trial of Indictments or Informations Together](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CRIM_R13.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_AK_CRIM_R16. Check the current official text before relying on it. Not legal advice.