Alaska

Civil Procedure

Rule 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 impanelled 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.

Alaska R. Civ. P. 48

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

AS 09.50.010

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