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AK · rules

Alaska R. Crim. P. 26.1

Exhibits

activein force · 1989-01-15 – presentact-effective-date

(a) Mark for Identification. All exhibits shall be

marked for identification at the time of trial or hearing unless

the judge orders pre-marking of the exhibits.

(b) Procedure.

Exhibits shall be marked for identification in the manner prescribed by the administrative

director in the bulletin required by paragraph (h) of this rule.

All exhibits marked for identification shall be listed on an

exhibit list provided by the court. The form of the exhibit list

shall be prescribed by the administrative director.

(c) Admission.

Exhibits properly marked for identification may be admitted into evidence upon the motion

of any party or upon the court’s own motion. After an

identified exhibit is admitted by the court, the clerk shall mark

the exhibit “admitted” in a manner prescribed by the

administrative director. When an exhibit is admitted into

evidence, the fact of its admission shall be noted immediately

on the exhibit list.

(d) Custody of Exhibits. At the time an exhibit is

offered into evidence, the exhibit shall be placed in and remain

in the clerk’s custody until released as provided in paragraph

(g) of this rule or as set forth in the administrative bulletin

required by paragraph (h) of this rule. Exhibits which have not

been offered into evidence shall not be placed in the custody of

the clerk unless otherwise ordered by the court.

(e) Final Check. Prior to submission of the case to the

jury or to the court sitting without a jury, the court shall require

counsel and those parties not represented by counsel to (1)

examine all intended, identified, offered, or admitted exhibits

and the in-court clerk’s exhibit list, (2) confirm to the court

that the list accurately reflects the status of the exhibits, and (3)

confirm that any modifications to the exhibits ordered by the

court have been made. Upon proper motion or the court’s own

motion, the court may order additional exhibits marked for

identification and/or admitted into evidence. At the time of the

final check, identified exhibits which have not been offered for

admission but which the court has previously ordered placed in

the clerk’s custody shall be returned to the appropriate party,

unless otherwise ordered by the court.

(f) Submission to the Jury. Unless otherwise ordered

by the court, all exhibits admitted into evidence shall be given

to the jury for deliberation, except the following exhibits will

not be given to the jury without a specific court order:

(1) live ammunition;

(2) firearms;

(3) drugs and alcoholic beverages;

(4) perishable, flammable or hazardous materials; and

(5) money, jewelry or other valuable items.

The court may allow a photograph of an exhibit to be

submitted to the jury in place of the physical exhibit.

(g) Return of Some Exhibits After Hearing or Trial.

At the conclusion of a hearing or trial, the court shall inquire

whether counsel stipulate to the return of any exhibits to

counsel for safekeeping pending appeal and to the substitution

of photographs for any of the physical (i.e., non-documentary)

exhibits. Whether or not counsel stipulate, the court may also

order counsel to take custody of the following exhibits, store

said exhibits in a safe location and maintain the chain of

custody pending appeal:

(1) live ammunition;

(2) firearms;

(3) drugs and alcoholic beverages;

(4) perishable, flammable or hazardous materials;

(5) money, jewelry or other valuable items; and

(6) items which are unwieldy due to bulk and/or weight.

Whenever exhibits are returned to counsel for safekeeping

pending appeal, the court may require counsel to submit an

affidavit setting forth the specific measures taken to ensure

safekeeping of the exhibits.

(h) Administrative Bulletin. The administrative director

shall establish standards and procedures by appropriate bulletin

consistent with these rules governing the marking, handling,

storage, safekeeping, and disposal of all exhibits coming into

the court’s custody. Unless otherwise ordered by the court,

such standards and procedures are controlling.

History

(Added by SCO 599 effective September 1, 1984; amended by SCO 949 effective January 15, 1989) Informational Note: Administrative Bulletin No. 9 governing the standards and procedures concerning exhibits is included in the Rules of Court following Civil Rule 43.1.

Provenance

Source
courts.alaska.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
c52da0c9c1400bcbe808e1056150d20c9697e81de2055a2b469d9999db9b1d00
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Alaska R. Crim. P. 26.1 — Exhibits · binding.law