Alaska Motion to Seal Records and Documents

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Multi-State
Control #:
US-03331BG
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Word; 
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

A defendant is entitled to a preliminary examination if the defendant is charged with a felony for which the defendant has not been indicted, unless (A) the defendant waives the preliminary examination, or (B) an information has been filed against the defendant with the defendant's consent in the superior court.

(s)Admissibility of Evidence. (1) Evidence which would be legally admissible at trial shall be admissible before the grand jury. In appropriate cases, however, witnesses may be presented to summarize admissible evidence if the admissible evidence will be available at trial.

1344, 559 P2d 56 (Alaska 1976). A complaint is subject to dismissal under Civil Rule 12(b)(6) when its allegations indicate the existence of an affirmative defense, but the defense must clearly appear on the face of the pleading. The pleading must clearly allege the fact upon which the motion to dismiss is based.

403 Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time.

Rule 6 - Time (a) Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run is not to be included.

Requests should be submitted to the clerk of court where the case was filed. You may submit your request in person or by mail to the court. A complete list of Alaska Court System contact information is available at: .

Rule 4 - Process (a)Summons - Issuance. Upon the filing of the complaint the clerk shall forthwith issue a summons and deliver it to the plaintiff or the plaintiff's attorney, who shall cause the summons and a copy of the complaint to be served in ance with this rule.

(1) A party may move the court to reconsider a ruling previously decided if, in reaching its decision: (i) The court has overlooked, misapplied or failed to consider a statute, decision or principle directly controlling; or (ii) The court has overlooked or misconceived some material fact or proposition of law; or (iii) ...

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Alaska Motion to Seal Records and Documents