Alaska Outline for Pretrial Memorandum

State:
Multi-State
Control #:
US-03363BG
Format:
Word; 
Rich Text
Instant download

Description

Pretrial statements or memoranda of counsel for the parties are frequently required either by the governing statute or rules of court, or by order of the judge. These statements may be joint or separate and are prepared prior to pretrial conference and presented to the judge or magistrate. They should cover all of the matters that counsel may be able to agree on before the conference, and should be as complete and as detailed as the statute, rules, or order may direct.


The pretrial statement or memorandum may include a brief statement of the material facts as claimed by each party and of the points of law, and a citation of authorities in support of each point, on which the party intends to rely at the trial. It may also include a list of all exhibits each party expects to offer at the trial, other than those to be used for impeachment, with a sufficient description of each exhibit and a statement of the purpose for which it will be offered.

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FAQ

The court shall provide for placing criminal proceedings upon appropriate calendars. Preference shall be given to criminal proceedings and the trial of defendants in custody shall be given preference over other criminal cases.

Rule 11 - Pleas (a)Alternatives. A defendant may plead not guilty, guilty or nolo contendere. If a defendant refuses to plead, stands mute, or if a defendant corporation fails to appear, the court shall enter a plea of not guilty.

Every subpoena shall be issued by the clerk under the seal of the court, shall state the name of the court and title of the action, and shall command each person to whom it is directed to attend and give testimony or to produce documents at a time and place therein specified.

There's also the issue of what to do about what's known as ?Rule 45,? the Alaska statute that says defendants must be tried within 120 days of their charge unless they waive their right to a speedy trial.

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.

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 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.

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Alaska Outline for Pretrial Memorandum