AK · rules
Alaska R. Crim. P. 27
Proceedings Upon Trial—Management of Juries
(a) Order of Proceedings. After a jury is impanelled
and sworn, the trial shall proceed in the following order:
(1) The prosecuting attorney shall state the case of the
prosecution, and may briefly state the evidence by which the
prosecuting attorney expects to sustain it.
(2) (i) The defendant, or the defendant’s counsel, may
then state the defense, and may briefly state the evidence the
defendant expects to offer in support of it.
(ii) If no statement of the defendant’s case is made after
the statement of the prosecution’s case, then after the state has
produced its evidence and presented its case in chief, the
defendant, or the defendant’s counsel, if the defendant intends
to produce evidence, shall state the defense, and may briefly
state the evidence the defendant expects to offer in support of
it.
(3) The state shall first produce its evidence, and the
defendant may then produce the defendant’s evidence. The
state will then be confined to rebutting evidence unless the
court, for good reason and in furtherance of justice, permits it
to offer evidence in chief.
(4) Unless the case be submitted without argument,
counsel for the state shall commence, the defendant or the
defendant’s counsel shall follow and counsel for the state shall
conclude the arguments to the jury. Unless good cause is
shown, the state shall present in its concluding argument no
theory of law or fact which was not presented in one or both of
the prior arguments. The court may, in its discretion, limit the
time of such arguments.
(5) At the conclusion of the arguments the court shall
charge the jury. Either party may offer requested instructions;
objections shall be heard and considered by the court in
accordance with Rule 30.
(b) View of Premises by Jury.
(1) The court may, on application of a party or on its
own motion, order the jury in a body to view the property
which is the subject of the litigation or the place where a
material fact occurred. The court may order the applying party
to pay the expenses connected with fulfilling the order.
(2) An officer of the court shall accompany the jury at
such times and shall ensure that no one speaks to the jury on
any subject connected with the trial while the jury makes its
inspection.
(c) Admonition to Juror Upon Separation From Jury.
(1) If any juror is permitted to separate from the jury
during the trial, the court shall admonish the juror that it is the
juror’s duty
(i) not to converse with any person, including other
jurors, on any subject connected with the trial, and
(ii) not to form or express any opinion thereon until the
case is finally submitted to the jury.
(2) If any juror is permitted to separate from the jury
after the case is submitted to the jury, the court shall admonish
the juror that it is the juror’s duty
(i) to discuss the case only with other jurors in the jury
room, and
(ii) not to converse with any other person on any subject
connected with the trial.
(d) Juror Unable to Continue. If, prior to the time the
jury retires to consider its verdict, a juror is unable to perform
or is disqualified from performing the juror duty, the court may
order the juror to be discharged. If an alternate juror has not
been impanelled as provided in the rules,
(1) the trial may proceed with the other jurors with the
consent of the parties, or
(2) another juror may be sworn and the trial may begin
anew, or
(3) the jury may be discharged and a new jury then or
afterwards formed.
(e) Selection of Foreperson—Deliberations of Jury—
Communications.
(1) When the jury has retired to consider their verdict,
they shall elect one of their number foreperson. The foreperson
shall preside over their deliberations, sign the verdict
unanimously agreed upon, and speak for them on the return of
their verdict in open court.
(2) 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 of the
court until they agree upon their verdict or are discharged by
the court; except that the court may permit the jurors to
adjourn their deliberations and return to their homes for
reasonable periods of rest. Such periods of adjournment for
rest shall be ordered only after hearing from all parties outside
the presence of the jury; however, a request for overnight
sequestration shall be made by the parties before the jury is
sworn unless good cause is shown for a later request. The
admonition set forth in section (c) shall be given before any
adjournment for rest, and the court shall specifically state that
no deliberations are to take place unless all jurors are present
in the jury room.
(3) Unless otherwise ordered by the court, the officer of
the court having charge of the jury shall keep the jurors
together, and separate from other persons. The officer shall not
suffer any communication to be made to the jury nor shall the
officer make any communication except to ask the jury if they
have agreed upon their verdict. The officer shall not, before the
verdict is rendered, communicate to any person the state of
their deliberations or the verdict agreed upon. The officer shall
be sworn to act according to the provisions of this section (e).
History
(Adopted by SCO 4 October 4, 1959; amended by SCO 49 effective January 1, 1963; amended by SCO 157 effective February 15, 1973; by Supreme Court Order 735 effective December 15, 1986; by SCO 1153 effective July 15, 1994; and by SCO 1439 effective October 15, 2001) Note: Chapter 65, section 3, SLA 2005 (HB 54) enacted new AS 12.45.015 relating to the introduction of the victim and the defendant to the jury. According to section 7 of the Act, section 3 of the Act has the effect of amending Criminal Rule 27 by changing the order of proceedings of a trial before a jury.
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
0a41991049e01b3a69745b58c8f695f3900587194b73fd0908aa10f71988cd23
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.