Alaska R. Min. Off. P. 4

As amended through May 30, 2024
Rule 4 - Minor Offenses Not Charged on a Citation
(a) This rule applies to minor offenses charged on an information or complaint without any related criminal charges.
(b) The charging document must include the information required by Rule 3(b) and the administrative bulletin issued under Rule 3(c). The defendant's social security number may not appear on an information or complaint. Each defendant joined in an information or complaint must be assigned a separate case number. The prosecuting authority must provide the court with an additional copy of the charging document for each defendant's case file. Except as provided in (c) below, an information or complaint must name an individual or individuals as the defendant.
(c) An information or complaint charging a corporation, limited liability company, or other entity must name the defendant as provided in Rule 3(h). The summons must be served on a person listed in Rule 3(h).
(d) A summons shall be issued by a judge or magistrate judge only if probable cause has been established as provided in Criminal Rule 4(a)(1). No warrant may issue. The summons must be on a form approved by the administrative director. The prosecuting authority shall furnish the court with a copy of the summons and charging document to be served on the defendant.
(e) If probable cause is not established, the case is deemed dismissed.
(f)The summons and charging document shall be served together. They may be served upon the defendant by any peace officer or by any other person authorized to serve a summons in a civil action, within this state or the United States or any of its possessions, by delivering a copy to the defendant personally, or by leaving it at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by certified mail as provided in Civil Rule 4(h). Proof of service must be filed with the court. If requesting service by certified mail, the prosecuting authority shall give the court an addressed envelope, adequate postage, and appropriate completed postal forms and must address the delivery receipt so it is returned to the court.
(g) If the offense charged is on a bail forfeiture schedule or fine schedule, the defendant must, within 30 days after being served with the summons, respond to the summons using one of the options provided in Rule 5.
(h) A violation of AS 04.16.049, AS 04.16.050, or a similar municipal ordinance may not be joined with other minor offenses.

Alaska R. Min. Off. P. 4

Rescinded and readopted by SCO 1794 effective 4/15/2013; renamed and renumbered by SCO 1797 effective 4/15/2013; amended by SCO 1829 effective 10/15/2014; by SCO 1887 effective 10/4/2016; and by SCO 1895 effective 11/1/2016.