Alaska Statutes
Alaska Stat. § 12.30.050 (2026)
Release of material witnesses
✓ current as of July 2026
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Sec. 12.30.050. Release of material witnesses.
(a) If the prosecution or defense establishes by affidavit or other evidence that the testimony of a person is material in a criminal proceeding, and that it may be impracticable to secure the presence of the person by subpoena, a judicial officer may order the arrest of the person and consider the release or detention of the person under the provisions of AS 12.30.011.
(b) A material witness may not be detained because of inability to comply with any condition of release if the testimony of the witness can adequately be secured by deposition, unless further detention is necessary to prevent a failure of justice.
(c) Release of a material witness under (a) of this section may be delayed for a reasonable period of time for the deposition of the witness to be taken.
(a) If the prosecution or defense establishes by affidavit or other evidence that the testimony of a person is material in a criminal proceeding, and that it may be impracticable to secure the presence of the person by subpoena, a judicial officer may order the arrest of the person and consider the release or detention of the person under the provisions of AS 12.30.011.
(b) A material witness may not be detained because of inability to comply with any condition of release if the testimony of the witness can adequately be secured by deposition, unless further detention is necessary to prevent a failure of justice.
(c) Release of a material witness under (a) of this section may be delayed for a reasonable period of time for the deposition of the witness to be taken.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1981–2025 · leading case: In the Matter of Justin Alexander Marshall Justin Alexander Marshall v. State of Iowa, 805 N.W.2d 145 (Iowa 2011).
In the Matter of Justin Alexander Marshall Justin Alexander Marshall v. State of Iowa, 805 N.W.2d 145 (Iowa 2011). “, Act 2011-255) (“appear to testify”); Alaska Stat. Ann. §12.30.050 (a) (West, Westlaw through 2010 2d Reg.”
In Re Curda, 49 P.3d 255 (Alaska 2002). “'s incarceration could be characterized as direct contempt proceedings governed by Civil Rule 90(a), indirect contempt proceedings governed by Civil Rule 90(b), or material witness detention proceedings effecting the express and implied principles and requirements of AS 12.”
G. R. v. State, 638 P.2d 191 (Alaska Ct. App. 1981). “1971) and AS 12.30.050. . The trial court found the confessions of Waring, Robinson and G.”
In re the proceedings pursuant to AS 22.30.011(b) in relation to CURDA, 49 P.3d 255 (Alaska 2002). “'s incarceration could be characterized as direct contempt proceedings governed by Civil Rule 90(a), indirect contempt proceedings governed by Civil Rule 90(b), or material witness detention proceedings effecting the express and implied principles and requirements of AS…”
GR v. State, 638 P.2d 191 (Alaska Ct. App. 1981). “1971) and AS 12.30.050. [8] The trial court found the confessions of Waring, Robinson and G.”
Cody Dylan Riggs v. State of Alaska (Alaska Ct. App. 2025). “See AS 12.30.050.) Riggs offered to stipulate to the element of violating conditions of release that he had been charged with a crime, but the State opposed this proposal.”
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