Alaska Motion for State to Produce Discovery Document

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Multi-State
Control #:
US-00855
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Word; 
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This is a Motion for State to Produce Discovery Documents. This is filed by the Defendant's attorney after he/she has unsuccessfully tried to obtain copies of all discovery documents from the District Attorney's office. This may also be used if, although given copies of said documents, the copies are illegible. This form is applicable in all states.

Alaska Motion for State to Produce Discovery Document is a legal document filed by a defendant in a criminal case requesting the prosecution to disclose evidence, information, and documents relevant to the case. This motion aims to ensure that the accused receives a fair trial and has access to all the evidence held by the state. There are various types of Alaska Motions for State to Produce Discovery Documents, which include: 1. General Discovery: This motion requests the state to provide all relevant documents, photographs, videos, audio recordings, witness statements, police reports, and any other evidence that the prosecution intends to use at trial. 2. Brady Disclosure: This motion is based on the landmark U.S. Supreme Court case Brady v. Maryland. It requests the prosecution to disclose any evidence favorable to the defendant, whether it is exculpatory or impeaching, which includes witness statements, expert reports, or any material that could help the defense's case. 3. Witness Statements: This motion specifically targets the disclosure of witness statements taken by law enforcement or any other individuals involved in the case. It seeks to prevent surprise testimony and to allow the defense to adequately prepare for cross-examination. 4. Expert Witness Reports: If the prosecution plans to present expert witnesses at trial, this motion demands the state to provide the defense with their reports, methodologies, findings, and opinions. It enables the defense to evaluate and challenge the credibility and validity of the expert testimony. 5. Crime Scene Evidence: This motion focuses on the production of physical evidence from the crime scene, such as fingerprints, DNA samples, clothing, weapons, or any other items that may be relevant to the case. 6. In-Camera Inspection: In certain situations, where the prosecution claims privilege over specific documents or materials, this motion requests the court to conduct a confidential review of the contested materials to determine whether they should be disclosed to the defense. It is crucial to note that the specific rules and procedures regarding discovery in Alaska may vary, so it is important to consult the Alaska Rules of Criminal Procedure or seek legal advice for the most accurate and up-to-date information.

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On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...

Under the "discovery rule," for instance, the statute of limitations doesn't begin tolling until the injured party discovers (or reasonably should have discovered) the injury.

Rule 35.1 - Post-Conviction Procedure (a)Scope . A person who has been convicted of or sentenced for a crime may institute a proceeding for post- conviction relief under AS 12.72. 010 - 12.72. (b)Not a Substitute for Remedies in Trial Court - Replaces All Other Remedies for Challenging the Validity of a Sentence.

Rule 40 - Index to Cases (a) The court system shall maintain an index by last name of every party named in every case filed, regardless of whether a party's true name is protected in the public index under paragraphs (b) or (c) of this rule.

Rule 82 - Attorney's Fees (a)Allowance to Prevailing Party. Except as otherwise provided by law or agreed to by the parties, the prevailing party in a civil case shall be awarded attorney's fees calculated under this rule.

A parent or guardian of a minor who has a claim against another person has the power to execute a full release or a covenant not to sue, or to execute a stipulation for entry of judgment on such claim.

Rule 11 - Signing of Pleadings, Motions, and Other Papers (a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name--or by a party personally if the party is unrepresented.

Rule 90 - Contempts (a)Contempt in Presence of Court. A contempt may be punished summarily if the judge certifies that the judge saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the court.

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(e) Filing With the Court Defined. (f) Proof of Service. (g) Service After Final Judgment. (h) Service on Custody Investigator and Guardian ... " 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 ...Rule 26 - General Provisions Governing Discovery; Duty of Disclosure (a)Required Disclosures; Methods to Discover Additional Matter. Apr 1, 2015 — Procedure 16 information, but includes all information and materials the government must disclose to the defendant pursuant to the Jencks Act; ... (4) Unless otherwise ordered by the court, if a motion to file a document ex parte is ... (B) state the basis for filing the document under seal. (5) If a motion ... At the outset, it should be noted that defendants have requested, and continue to request, all information, documents, statements and material to which they are ... (2) A motion to file a document under seal may be filed under seal without prior court order. (3) Where the filing consists of multiple documents, e.g., ... May 18, 2021 — has been unable to secure the City's cooperation in filing a joint discovery motion and is forced to file this Motion without the City's. (1) While specific designation is not required of the defendant, the burden is placed on him to make a showing of materiality to the preparation of his defense ... ... the State's discovery requests and the State's motion for summary judgment. ... State's request for production by indicating that the documents requested were ...

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Alaska Motion for State to Produce Discovery Document