Motion for Discovery (Criminal) - Alaska
MOTION FOR DISCOVERY (CRIMINAL) — ALASKA
| Party | Role |
|---|---|
| STATE OF ALASKA | Plaintiff |
| v. | |
| [DEFENDANT NAME] | Defendant |
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
[JUDICIAL DISTRICT] JUDICIAL DISTRICT AT [COURT LOCATION]
Case No.: [CASE NUMBER]
Expedited Motion under Criminal Rule 16(d)(8)
Defendant, through counsel, moves under Alaska Criminal Rule 16(d)(8) for an order requiring the State to disclose the items identified below. The requested items are described with enough detail to identify what remains outstanding. Copies of counsel's request and the State's response, if any, are attached as Exhibits [____] and [____]. Counsel's conferral affidavit follows this motion.
-
Charge and setting. Defendant is charged with [OFFENSE AND CASE POSTURE]. The [trial/omnibus hearing] is scheduled for [__/__/____]. The requested information is needed to [EXPLAIN PREPARATION OR HEARING USE].
-
Prior request. On [__/__/____], counsel asked [PROSECUTOR NAME] to disclose [DESCRIBE ITEMS]. The request was sent by [METHOD]. On [__/__/____], the State [DESCRIBE RESPONSE OR STATE THAT NO RESPONSE WAS RECEIVED]. The attached correspondence shows the request and any response.
-
Items still sought. Defendant requests an order addressing the following identified items, to the extent they exist and fall within the State's disclosure duties:
| Item and identifying detail | Rule or basis | Prior request and response |
|---|---|---|
| [RELEVANT WITNESS NAME, STATEMENT, OR SUMMARY] | Crim. R. 16(b)(1)(A)(i) | [DATES AND STATUS] |
| [DEFENDANT OR CO-DEFENDANT STATEMENT] | Crim. R. 16(b)(1)(A)(ii)–(iii) | [DATES AND STATUS] |
| [TRIAL EXHIBIT OR ITEM OBTAINED FROM DEFENDANT] | Crim. R. 16(b)(1)(A)(iv) | [DATES AND STATUS] |
| [EXPERT NAME, REPORT, OPINION, OR BASIS] | Crim. R. 16(b)(1)(B) | [DATES AND STATUS] |
| [INFORMATION TENDING TO NEGATE GUILT OR REDUCE PUNISHMENT] | Crim. R. 16(b)(3); Brady | [DATES AND STATUS] |
| [SPECIFIC WITNESS AGREEMENT OR CREDIBILITY INFORMATION] | Crim. R. 16(b)(3); Giglio | [DATES AND STATUS] |
| [OTHER IDENTIFIED RELEVANT ITEM AND WHY MATERIAL TO DEFENSE PREPARATION] | Crim. R. 16(b)(7), if applicable | [DATES AND STATUS] |
-
Grounds. Rule 16(b) sets out the State's disclosure duties. Rule 16(b)(3) covers information in the prosecutor's possession or control tending to negate guilt or reduce punishment; Rule 16(b)(4) extends the prosecutor's obligations to the staff and investigators described there. Brady v. Maryland, 373 U.S. 83, 87 (1963), addresses suppression of favorable evidence material to guilt or punishment. Giglio v. United States, 405 U.S. 150, 154–55 (1972), applies the favorable-evidence principle to material witness-credibility information, including an undisclosed promise to a government witness.
-
Protection and remedy. Defendant seeks disclosure in time for beneficial use under Rule 16(d)(4). Counsel will handle material subject to Rule 16(d)(3) and any protective order accordingly. If a disclosure obligation was breached, Rule 16(e) permits a tailored order after the court considers the violation, prejudice, relationship to the proposed remedy, and less restrictive alternatives. Defendant requests [DISCLOSURE DATE OR OTHER TAILORED RELIEF], explaining the need as follows: [CASE-SPECIFIC FACTS].
Defendant asks the Court to grant this motion, identify the items to be produced and the production date, preserve applicable Rule 16(d) protections, and grant any further relief supported by the record.
Date: [__/__/____]
[COUNSEL SIGNATURE]
[COUNSEL NAME], Alaska Bar No. [NUMBER]
[ADDRESS]
[PHONE] · [EMAIL]
Attorney for Defendant
Affidavit of Conferral
I, [COUNSEL NAME], state that on [__/__/____] I asked [PROSECUTOR NAME] to provide the items identified in the attached request. I [conferred/attempted to confer] with the prosecutor on [__/__/____] by [METHOD] to obtain disclosure without court action. [STATE WHAT WAS AGREED, REFUSED, OR LEFT UNANSWERED, AND THE STATUS OF EACH ITEM.] The attached request and response, if any, are true copies.
Use this unsworn affidavit only if AS 09.63.020(a) applies and a notary public or other oath official is unavailable; otherwise execute a sworn affidavit.
A notary public or other official empowered to administer oaths is unavailable. I certify under penalty of perjury that the foregoing is true.
Date: [__/__/____] · Place: [CITY, STATE]
[COUNSEL SIGNATURE]
Proposed Order
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
[JUDICIAL DISTRICT] JUDICIAL DISTRICT AT [COURT LOCATION]
State of Alaska v. [DEFENDANT NAME] — Case No. [CASE NUMBER]
The Court, having considered Defendant's Expedited Motion under Criminal Rule 16(d)(8), orders:
- The State shall disclose [SPECIFY ITEMS] by [DATE AND TIME], subject to [IDENTIFY PROTECTIVE TERMS, IF ANY].
- [STATE ANY OTHER CASE-SPECIFIC RELIEF, INCLUDING A HEARING OR CONTINUANCE IF ORDERED.]
- The duties and restrictions of Alaska Criminal Rule 16 remain applicable.
SO ORDERED on [__/__/____].
[JUDGE SIGNATURE]
Judge of the Superior Court
Certificate of Service
I certify that on [__/__/____] I served this motion, exhibits, conferral affidavit, and proposed order on [PROSECUTOR NAME AND OFFICE] by [METHOD PERMITTED BY APPLICABLE COURT RULE OR ORDER] at [SERVICE ADDRESS OR ELECTRONIC DESTINATION].
[COUNSEL SIGNATURE]
This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Alaska attorney before use.
About this template
- Last updated
- November 1, 2026
- Citations checked
- November 2, 2026
- Jurisdiction
- Alaska
- Category
- Criminal Law
Legal authority
- Alaska Rules of Criminal Procedure, Rule 16
- Brady v. Maryland, 373 U.S. 83 (1963)
- Giglio v. United States, 405 U.S. 150 (1972)
Criminal law paperwork covers every stage of a criminal case, from the first appearance and bail motion through pretrial motions, plea agreements, sentencing, and appeals. Deadlines in criminal cases are short and often unforgiving, and constitutional rights can be waived just by missing a filing. Using the right motion at the right time can mean the difference between evidence getting suppressed, charges getting reduced, or a case getting dismissed entirely.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on November 2, 2026.
Alaska R. Crim. P. 16(d)(8)(A) (checked November 2, 2026): "The motion should be captioned “Expedited Motion under Criminal Rule 16(d)(8).”"
AS 09.63.020(a) (checked November 2, 2026): "The certification shall state the date and place of execution, the fact that a notary public or other official empowered to administer oaths is unavailable, and the following: “I certify under penalty of perjury that the foregoing is true.”"
Alaska Rules of Criminal Procedure, Rule 16 (checked November 2, 2026): "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."
Brady v. Maryland, 373 U.S. 83, 87 (1963) (checked November 2, 2026): "We now hold that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution."
Draft your Motion for Discovery (Criminal) in the editor
Answer a few questions, let the AI editor draft each section from your answers, review it, and download Word and PDF. $99 one time, or $249 per month for every document and every Ezel app.