AK · rules
Alaska R. Civ. P. 48
Order of Trial Proceedings—Management of Juries
(a) Conduct of Trial. Conduct of a jury trial shall be
governed by Rule 46 and this rule.
(b) Instructions—Argument—Retirement of Jury.
When argument of counsel is concluded or waived, the court
shall then charge the jury. Such charge shall be reduced to
writing and read to the jury. The jury must take the written
charge with it to the jury room.
(c) View of Premises by Jury. When the court deems
proper, it may order a proper officer to conduct the jury in a
body to view the property which is the subject of the litigation
or the place where a material fact occurred and to show such
property or place to it. While the jury is making its inspection
no one shall speak to it on any subject connected with the trial.
The court may order the person applying for a jury view to pay
the expenses connected therewith.
(d) Separation of Jury—Admonition—Manner of
Keeping Jury Before Submission of Case. If any juror is
permitted to separate from the jury during the trial the juror
must be admonished by the court that it is the juror’s duty not
to converse with any person, including another juror, on any
subject connected with the trial, nor to form or express any
opinion thereon until the case is finally submitted to the jury. If
any juror is permitted to separate from the jury after the case is
submitted the juror must be admonished by the court that it is
the juror’s duty not to converse with any person on any subject
connected with the trial, and that the juror is to discuss the case
only with other jurors in the jury room.
(e) Juror Unable to Continue. If, prior to the time the
jury retires to consider its verdict, a juror is unable or
disqualified to perform the juror’s duty, the court may order
the juror to be discharged. If an alternate juror has not been
impaneled as provided in the rules, the trial may proceed with
the other jurors with the consent of the parties, or another juror
may be sworn and the trial may begin anew; or the jury may be
discharged and a new jury then or afterwards formed.
(f) Jury—Deliberation—Communications. After hearing the charge the jury shall retire for deliberation. No persons
other than the jurors and any interpreter necessary to assist a
juror who is hearing or speech impaired shall be present while
the jury is deliberating or voting. The jury shall be and remain
under the charge of an officer until it agrees upon its verdict or
is discharged by the court. Unless otherwise ordered by the
court, the officer having charge of the jury must keep the jury
together, separate from other persons; and the officer must not
suffer any communication to be made to it, nor make any
except to ask it if it has agreed upon its verdict, and the officer
must not, before the verdict is rendered, communicate to any
person the state of its deliberations or the verdict agreed upon.
Such officer shall be sworn to act according to the provisions
of this section.
(g) Items Which May Be Taken Into the Jury Room.
Upon retiring for deliberation the jury shall take with it any
exhibits, except depositions, that have been introduced into
evidence which the court deems proper.
(h) Discharge of Jury Before Verdict. Except as may
be provided in these rules or as the interest of justice may
require, the jury shall not be discharged after the cause is
submitted to them until they have agreed upon a verdict and
given it in open court, except:
(1) By the consent of all parties entered in the record.
(2) At the expiration of such period as the court deems
proper if it appears that there is no probability of an agreement
being arrived at among the jurors necessary to return a verdict.
(i) Retrial in the Event of Discharge Without Verdict.
In all cases where the jury is discharged without having given
a verdict, or is prevented from giving a verdict by reason of
accident or other cause during the progress of the trial, or after
the cause is submitted to it, the action may be again tried
immediately, or at a future time, as the court directs.
(j) Adjournment During Absence of Jury. While the
jury is absent the court may adjourn from time to time, in
respect to other business, but it is nevertheless open for every
purpose connected with the cause submitted to the jury until a
verdict is rendered or the jury discharged.
History
(Adopted by SCO 5 October 9, 1959; amended by SCO 49 effective January 1, 1963; by SCO 1153 effective July 15, 1994; and by SCO 1439 effective October 15, 2001) Cross References CROSS REFERENCE: AS 09.50.010
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
9458d27502355982b8945ef7c3f6108cb664de5c9bd0caafe5d49a911aa881a4
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