AK · rules
Alaska R. Crim. P. 26.1
Exhibits
(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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