Alaska

Criminal Procedure

Criminal Procedure

Rule 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).

Alaska R. Crim. P. 27

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

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.