# Alaska R. Crim. P. 5.1: Rule 5.1. Preliminary Examination in Felony Cases > Alaska · Court rules · In force URL: https://www.frixlaw.com/law-library/statutes/SRULES_AK_CRIM_R5_1 ## Section - **Citation:** Alaska R. Crim. P. 5.1 - **Heading:** Rule 5.1. Preliminary Examination in Felony Cases - **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. 5.1 ## Text (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 ## Nearby sections - [Alaska R. Crim. P. 1 Rule 1. Scope](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CRIM_R1.md) - [Alaska R. Crim. P. 2 Rule 2. Purpose and Construction](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CRIM_R2.md) - [Alaska R. Crim. P. 3 Rule 3. The Complaint](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CRIM_R3.md) - [Alaska R. Crim. P. 4 Rule 4. Warrant or Summons Upon Complaint](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CRIM_R4.md) - [Alaska R. Crim. P. 5 Rule 5. Proceedings Before the Judicial Officer](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CRIM_R5.md) - [Alaska R. Crim. P. 5.1 Rule 5.1. Preliminary Examination in Felony Cases](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CRIM_R5_1.md) - [Alaska R. Crim. P. 6 Rule 6. The Grand Jury](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CRIM_R6.md) - [Alaska R. Crim. P. 7 Rule 7. Indictment and Information](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CRIM_R7.md) - [Alaska R. Crim. P. 8 Rule 8. Joinder of Offenses and of Defendants](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CRIM_R8.md) - [Alaska R. Crim. P. 9 Rule 9. Warrant or Summons Upon Indictment or Information](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CRIM_R9.md) - [Alaska R. Crim. P. 10 Rule 10. Felony Arraignment in Superior Court](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CRIM_R10.md) - [Alaska R. Crim. P. 11 Rule 11. Pleas](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CRIM_R11.md) - [Alaska R. Crim. P. 12 Rule 12. Pleadings and Motions Before Trial— Defenses and Objections](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CRIM_R12.md) - [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) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_AK_CRIM_R5_1. Check the current official text before relying on it. Not legal advice.