Rule 5.1. Preliminary Examination in Felony Cases

(a) Representation by Counsel. The defendant is

entitled to be represented by counsel. If the defendant cannot

secure counsel, counsel shall be appointed for the defendant.

(b) Order of Proof—Witnesses Called by the State.

The state shall first present the evidence in support of its case.

All witnesses called by the state shall be examined in the

presence of the defendant and may be cross-examined by the

defendant’s or by the defendant’s counsel.

(c) Witnesses Called by the Defendant. The defendant

may produce and examine witnesses on the defendant’s behalf.

All witnesses, including the defendant should the defendant

choose to testify, may be cross-examined. The production of

witnesses shall be governed by Rule 17, so far as it is

applicable.

(d) Evidence. At the preliminary examination, the

admissibility of evidence other than written reports of experts

shall be governed by the Alaska Rules of Evidence. Rulings

pertaining to the admissibility of evidence shall not be binding

upon any subsequent judicial proceeding.

(e) Telephonic Testimony.

(1) A witness may participate telephonically if the

witness:

(A) would be required to travel more than 50 miles to

court; or

(B) lives in a place from which people customarily travel

by air to the court.

(2) A witness who is not entitled to participate

telephonically under subparagraph (1) may participate

telephonically with approval of the court.

(f) Record. The proceedings shall be electronically

recorded.

(g) Exclusion of Witnesses. At the request of either

party, the judge or magistrate judge shall exclude from the

courtroom any witness of an adverse party, if at the time of the

request the witness is not under examination.

ticipate

telephonically under subparagraph (1) may participate

telephonically with approval of the court.

(f) Record. The proceedings shall be electronically

recorded.

(g) Exclusion of Witnesses. At the request of either

party, the judge or magistrate judge shall exclude from the

courtroom any witness of an adverse party, if at the time of the

request the witness is not under examination.

(h) Discharge of the Defendant. If from the evidence, it

appears that

(1) there is no probable cause to believe that an offense

has been committed, or

(2) if there is probable cause to believe that an offense

has been committed, but no probable cause to believe that

defendant committed the offense, then the judge or magistrate

judge shall dismiss the complaint and discharge the defendant.

The discharge of the defendant shall not preclude the state

from instituting a subsequent prosecution for the same offense.

(i) Commitment of Defendant. If from the evidence it

appears that there is probable cause to believe that an offense

has been committed and that the defendant committed it, the

judge or magistrate judge shall enter an order holding the

defendant to answer to the charge and committing the

defendant to proper custody. The judge or magistrate judge

shall admit the defendant to bail as provided by law and by

these rules.

(j) Records. When a judge or magistrate judge has held

a defendant to answer, the judge or magistrate judge shall

transmit to the clerk of the superior court of the judicial district

in which the offense is triable all papers in the proceedings,

any bail taken by the judge or magistrate judge, and all exhibits

introduced at the examination.

nt to bail as provided by law and by

these rules.

(j) Records. When a judge or magistrate judge has held

a defendant to answer, the judge or magistrate judge shall

transmit to the clerk of the superior court of the judicial district

in which the offense is triable all papers in the proceedings,

any bail taken by the judge or magistrate judge, and all exhibits

introduced at the examination.

(k) Counsel for Complaining Witness—Counsel for

Prosecution. A complaining witness may be represented by

counsel at every stage of the preliminary hearing. The attorney

general or some attorney authorized to act for the attorney

general may appear on behalf of the State of Alaska and

control the conduct of the prosecution.

PART III. INDICTMENT AND INFORMATION