Rule 5 - Optional Court Appearance(a) A defendant charged with a minor offense for which a bail forfeiture amount has been established by supreme court order or for which a scheduled fine amount has been established by statute or ordinance must within 30 days after the citation was issued: (1) request to appear in court for an arraignment, which must be conducted in accordance with Criminal Rule 5(c), to the extent applicable to minor offenses; or (2) enter a plea of not guilty and request trial by mailing or delivering a signed plea as directed on the citation; or (3) enter a plea of no contest and submit payment of the citation, plus any surcharge established by statute, as directed on the citation; or (4) provide proof of compliance to a law enforcement agency if a statute, regulation, or ordinance permits dismissal of the citation upon a showing of compliance, except that proof of compliance also may be made to the court for violation of AS 28.15.131 (failure to carry or exhibit license) or AS 28.22.019 (proof of insurance) or similar municipal ordinance that authorizes proof of compliance to be made to the court.(b) If a citation is filed with the court, the clerk is authorized to dismiss the citation upon notification from the agency that proof of compliance was made or when proof of compliance is submitted to the court for violation of AS AS 28.15.131, AS AS 28.22.019, or similar ordinance. A person may display proof of insurance to the clerk on a mobile electronic device. The clerk may also grant a request for an extension of time to correct the defect.(c) A defendant who responds but (1) fails to sign the citation, (2) fails to submit a plea, or (3) fails to provide full payment of the amount due will be deemed to have entered a plea of no contest, unless the defendant clearly indicates otherwise. If any amount remains due to be paid, a judgment for the amount due will be entered against the defendant under Rule 10.
Rescinded and readopted by SCO 1794 effective 4/15/2013; renamed and renumbered by SCO 1797 effective 4/15/2013; amended by SCO 1799 effective 10/15/2013; and by SCO 1895 effective 11/1/2016.