Copyright 1995-1999 Touch N' Go Systems, Inc. All Rights Reserved. No claim made to official government works.


Rule 43.1. Exhibits.

(Added by SCO 598 effective September 1, 1984; amended by SCO 948 effective January 15, 1989)
Informational Note: Administrative Bulletin No. 9, relating to Civil Rule 43.1, can be found on the following page.

I. DEFINITIONS

II. MARKING EXHIBITS

In all trials under the formal rules of civil procedure, the parties shall, prior to trial, mark for identification all intended exhibits in the manner prescribed by this bulletin. Parties must obtain standard exhibit stickers and exhibit list forms (forms TF-200 and TF-201) from the in-court clerk or other designated clerk. The parties must type a brief description of the identified exhibits on the exhibit list and must list the exhibits in the order that the party intends to use them at trial. At the beginning of trial the original and one copy of the exhibit list shall be filed with the in-court clerk. (Civil Rule 43.1) Prior to trial, the parties must serve all other parties with a copy of the exhibit list.

In all other hearings and in all trials under the Small Claims rules, exhibits will be marked for identification by the in-court clerk at the time of trial or hearing unless the judge orders pre-marking of the exhibits.

The procedure described in paragraph 1.a. above may be required in criminal cases at the discretion of the trial judge. If the procedure described in paragraph 1.a. is not required, the in-court clerk shall mark all exhibits at the time of trial or hearing.

The following examples show how exhibits should be numbered:
Single Parties:
Plaintiff State of Alaska: Exhibits start with 1
Defendant Tom Trouble: Exhibits start with A

Multiple Parties:
Plaintiff Tom Jones: Exhibits start with J-1
Plaintiff John Crumb: Exhibits start with C-1

Defendant Sam Smith: Exhibits start with S-A

Defendant James Orange: Exhibits start with JO-A

Defendant Mary Orange: Exhibits start with MO-A

Plaintiff's exhibits must be marked in numerical order starting with 1. Defendant's exhibits must be marked in alphabetical order starting with A.
If there is more than one plaintiff or more than one defendant, the first letter of the party's last name must precede the number or letter as shown above.
If there is more than one plaintiff or defendant with the same last initial, the initials of both the first and last names must be added to the exhibit number as shown above.
Defendant's exhibits will be marked A through Z in order, then AA, AB, AC, etc., through AZ, then BA, BB, BC, etc. through BZ, and so forth.
In complex cases with multiple parties and large volumes of exhibits, the in-court clerk or judge may require alternative exhibit numbering procedures to be used. For example, the in-court clerk may want to assign each party a block of one thousand numbers.

Contains:
Exhibit No.

III. EXHIBIT LIST

Exception: Small Claims and Forcible Entry and Detainer (FED) Cases
The procedure described below may be used in small claims and FED cases if all exhibits in the case are documentary and can be stored in the case file. This procedure is optional and may be used at the discretion of the clerk of court for each court.

The above procedure may not be used if any exhibit is stored outside the case file. In that event, all exhibits must be listed on an exhibit list and all exhibits must be stored outside the case file.

IV. PREPARING EXHIBITS FOR COURT
Trial counsel must comply with the following requirements when submitting exhibits.

V. SUBMISSION OF CERTAIN EXHIBITS TO JURY

VI. EXHIBITS MARKED IN PRIOR HEARINGS OR PRIOR CASES
If counsel wish to use an exhibit which is in court custody because it was offered in a prior court proceeding, the following procedures must be used.

The in-court clerk, upon request of counsel, shall arrange to have exhibits from prior court hearings available for further hearings in the same case or hearings in a different case.

The prior exhibit number and case number must be noted in the exhibit description on the new exhibit list.

The transfer of an exhibit to a new case must also be noted on the exhibit list in the prior case or otherwise documented in the file of the prior case.

A new exhibit sticker will be placed next to the previous sticker. An "X" will be drawn through the previous sticker. The previous exhibit sticker must remain legible. If, however, the court orders the prior exhibit sticker covered or removed, that fact must be noted on the new exhibit list.
VII. SAFEKEEPING EXHIBITS

Each exhibit will be placed in the custody of the clerk at the time the exhibit is offered into evidence at a hearing or trial. Counsel/parties will not be allowed to keep exhibits that have been offered into evidence at counsel table during recesses or any other time the exhibits are not in immediate use.

At the time of the final check, the in-court clerk shall place any bag or other container holding drugs inside a new transparent bag and seal it.

The in-court clerk does not need to open and count the coins contained in a roll of coins offered as an exhibit. However, when a roll of coins is offered into evidence, the in-court clerk shall place the roll of coins in a transparent plastic bag and seal it.

The in-court clerk, in the presence of the party offering the cash as an exhibit, must, at the first available recess, count the cash, place it in a transparent plastic bag and seal it. Both the in-court clerk and the party offering the cash must date and sign the tape sealing the bag. The in-court clerk must note on the exhibit list that the amount of cash was verified and the date. The in-court clerk and submitting party must then initial this note on the exhibit list.
If the bag is opened during trial, the party who opened it and the in-court clerk must recount the cash, reseal it with exhibit tape, note the reverification on the exhibit list, sign and date the tape and exhibit list.
It is not necessary for the clerk in charge of exhibit storage to open a sealed bag to count money when it is turned over to that clerk. However, cash that comes to the exhibit storage clerk unsealed or in a torn bag must be recounted by the exhibit storage clerk in the presence of a witness. After resealing the cash in a new bag, the reverification must be noted on the exhibit list and both the clerk and witness must sign and date the tape and exhibit list. If any money is missing, the procedures for missing exhibits (section VII. G.) must be followed.

When jewelry, loose gems, gold dust, gold nuggets and other such valuable exhibits are offered into evidence, the in-court clerk shall place the exhibit in a transparent plastic bag and seal it.

During court recesses, sensitive exhibits must be placed in a secure place unless the in-court clerk or another court employee is guarding the exhibits or the courtroom is empty and the exhibits are locked in the courtroom. For the purposes of this paragraph, "sensitive exhibits" includes money, drugs, firearms, jewelry and other valuable items.

Storage of exhibits overnight during a trial must be in either the designated exhibit storage area (described in section VII. F.) or a locked exhibit cabinet in the courtroom. If there are no lockable exhibit storage cabinets in the courtroom, exhibits may be stored in the courtroom overnight only if authorized by the judge. Overnight storage of sensitive exhibits (drugs, firearms, money, etc.) must be in the designated exhibit storage area described in section VII. F.

The following requirements apply to any room used as a jury deliberation room, including courtrooms.

Only court employees may assist in the delivery of exhibits to the jury. During delivery of exhibits to the jury deliberation room, other exhibits left in the courtroom must be placed in a locked exhibit cabinet in the courtroom unless a court employee is guarding the exhibits or the courtroom is emptied and the exhibits are locked in the courtroom. Unless otherwise ordered by the court, exhibits delivered to the jury must remain with the jury until deliberations are concluded.

Exhibits in the clerk's custody which are not submitted to the jury must be properly secured in either the designated exhibit storage area (described in section F below) or a locked exhibit cabinet. If the courtroom is used as a jury deliberation room, all exhibits which are not to be submitted to the jury must be removed from the courtroom or locked in exhibit storage cabinets in the courtroom.

Whenever the jury leaves the jury deliberation room during deliberations, the bailiff must lock the exhibits in the room with a lock which may be opened only by the bailiff and clerk of court or otherwise secure the exhibits in an area authorized by the court.

Each court must establish a permanent storage area (cabinet, vault, safe or room) specifically designated for the storage of exhibits. The designated exhibit storage area must have a lock system independent of other locks used in the court. Access to the designated exhibit storage area must be limited to the clerk of court or a small number of court personnel designated by the clerk of court.

If an exhibit cannot be located after a thorough search, and in no event longer than 24 hours after an exhibit is found to be missing, the Administrative Staff Counsel must be notified of the loss of the exhibit. All courts will establish in writing a procedure for the systematic and immediate notification of supervisors and the Administrative Staff Counsel if an exhibit is lost.
VIII. RETURN OF EXHIBITS (Civil Rule 74(g))

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:

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 insure safekeeping of the exhibits. (Civil Rule 43.1 and Criminal Rule 26.1)

Exhibits may be returned only to the submitting party unless otherwise ordered by the court. State, municipal, city or borough exhibits in criminal cases may be returned to the appropriate police agency if there is no resident prosecuting attorney in the court location or the resident prosecuting attorney has directed that exhibits be returned to the appropriate police agency. The party submitting the exhibit is responsible for returning the exhibit to the rightful owner.

All exhibits used at grand jury proceedings will be returned to the District Attorney following the conclusion of the grand jury proceeding in which the exhibits were used unless the exhibit is currently in the custody of the clerk on another matter. The District Attorney shall state on the record that he has received the exhibits from the clerk and/or sign the exhibit list and note that the exhibits have been withdrawn.

If the "Exhibit Notice Card" is returned to the court undelivered, the clerk shall make reasonable attempts to locate the attorney or party through such means as telephoning, contacting the Alaska Bar Association, etc. Upon locating a current address for the attorney or party, the clerk shall then send a supplemental "Exhibit Notice Card" to the attorney or party.

If this judgment/order is returned undelivered, the clerk shall follow the procedures in subparagraph b. above to attempt to locate counsel.

IX. EXHIBIT FORMS AND DOCUMENTS
All exhibit forms, certified mail receipts and other documents regarding exhibit control will be filed in the case file.
Dated: June 26, 1991
Effective Date: July 15, 1991
This bulletin was originally issued as No. 84-1 Amended, effective September 1, 1984; amended October 18, 1988, effective January 15, 1989.


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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.

Last Modified 7/14/1999

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