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Rule 43.1.Exhibits.

Last amended January 15, 1989 · Last verified July 6, 2026

In one sentenceRule 43.1 sets the exhibit-handling procedure for Alaska trials — how exhibits get marked, admitted, and tracked, which ones go back to the jury room, and how they're stored and returned once the case is over.

Full Text of Rule 43.1

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(a) Parties Mark Exhibits. All intended exhibits shall be marked by the parties for identification prior to trial. At the beginning of trial an original and one copy of an exhibit list shall be filed with the in-court clerk.
(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 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., nondocumentary) 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.

Amendment History

(Added by SCO 598 effective September 1, 1984; amended by SCO 948 effective January 15, 1989)

Notes

Informational Note: Administrative Bulletin No. 9, relating to Civil Rule 43.1 can be found on the following page.

ALASKA COU OFFICE OF THE ADMIN ADMINISTRATIVE AMENDED EFFECTIV TO ALL HOLDERS OF ADMINISTRATIVE BULLETIN SE Presiding Judges Area Court Administrators Clerk of the Appellate Courts Rural Training Assistants Full-Time Clerks of Court Magistrates at locations with no full-time clerk Law Libraries at Anchorage, Fairbanks, Juneau, & Ketch OTHERS: In-Court Clerk Supervisors, Anchorage and Fairbanks Records Division Supervisor, Anchorage SUBJECT: Exhibit Procedures This policy is being issued under the authority granted to the 26.1. The procedures described below must be followed in all trial courts.

Contents I. DEFINITIONS II. MARKING EXHIBITS III. EXHIBIT LIST IV. PREPARING EXHIBITS FOR COURT V. SUBMISSION OF CERTAIN EXHIBITS TO JUR VI. EXHIBITS MARKED IN PRIOR HEARINGS OR VII. SAFEKEEPING EXHIBITS VIII. RETURN OF EXHIBITS (Civil Rule 74(g)) IX. EXHIBIT FORMS AND DOCUMENTS I. DEFINITIONS A. Marked for Identification: means an exhibit has rec on the exhibit list.

B. Offered into Evidence: means counsel or a party exhibit into evidence C. Admitted: means the court has determined that the (i.e., the judge or jury).

D. Withdrawn: means the court has allowed the exhibi trial.

II. MARKING EXHIBITS A. When to Mark 1. Civil Cases a. Formal Civil Trials URT SYSTEM NISTRATIVE DIRECTOR E BULLETIN NO. 9 VE OCTOBER 15, 2005 ETS:

Senior Staff Administrative Associate Rural Court Analyst General Services Manager hikan administrative director by Civil Rule 43.1 and Criminal Rule trials, pretrial hearings and other court hearings in the Alaska Page RY 7 R PRIOR CASES 7 ceived an exhibit sticker and exhibit number and has been listed not represented by counsel has asked the court to admit the e exhibit should be considered as evidence by the trier-of-fact it to be removed from custody of the court either during or after In all trials under the formal rules of identification all intended exhibits in the m exhibit stickers and exhibit list forms ( designated clerk. The parties must type a b must list the exhibits in the order that the original and one copy of the exhibit list s trial, the parties must serve all other partie b. Other Civil Hearings and Small Claims Tr In all other hearings and in all trials identification by the in-court clerk at the the exhibits.

2. Criminal Cases The procedure described in paragraph 1.a the trial judge. If the procedure described all exhibits at the time of trial or hearing.

B. Exhibit Numbering The following examples show how exhibits should Single Parties:

Plaintiff State of Alaska: Defendant Tom Johnson:

Multiple Parties:

Plaintiff Tom Jones: Plaintiff John Miller: Defendant Sam Smith: Defendant James Orange: Defendant Mary Orange:

Plaintiff’s exhibits must be marked in numerical o alphabetical order starting with A.

If there is more than one plaintiff or more than one the number or letter as shown above.

If there is more than one plaintiff or defendant with must be added to the exhibit number as shown abov Defendant’s exhibits will be marked A through Z in etc. through BZ, and so forth.

In cases with multiple parties and large volumes o procedures to be used. For example, the court may C. Exhibit Stickers 1. Exhibits must be marked for identification wit to in court. f civil procedure, the parties shall, prior to trial, mark for manner prescribed by this bulletin. Parties must obtain standard (forms TF-200 and TF-201) from the in-court clerk or other brief description of the identified exhibits on the exhibit list and e party intends to use them at trial. At the beginning of trial the shall be filed with the in-court clerk. (Civil Rule 43.1) Prior to es with a copy of the exhibit list.

rials under the Small Claims rules, exhibits will be marked for time of trial or hearing unless the judge orders pre-marking of a. above may be required in criminal cases at the discretion of d in paragraph 1.a. is not required, the in-court clerk shall mark be numbered:

Exhibits start with 1 Exhibits start with A Exhibits start with J-1 Exhibits start with M-1 Exhibits start with S-A Exhibits start with JO-A Exhibits start with MO-A order starting with 1. Defendant’s exhibits must be marked in e defendant, the first letter of the party’s last name must precede h the same last initial, the initials of both the first and last names ve.

n order, then AA, AB, AC, etc., through AZ, then BA, BB, BC, of exhibits, the court may require alternative exhibit numbering want to assign each party a block of one thousand numbers.

th an exhibit sticker provided by the court before being referred 2. Exhibit stickers will only be placed on those hearing. Exhibit stickers shall not be placed on any 3. Exhibit stickers in all cases must be marked w show whether the exhibit was admitted.

4. Exhibit stickers are color coded as follows:

a. Yellow stickers will be used for plaintiffs b. Blue stickers will be used for defendants o c. Red stickers will be used for grand jury pr d. Red stickers will be used for coroner proc e. Green stickers will be used for miscellane 5. Placement of Exhibit Stickers:

a. Stickers will be placed on the exhibits i exhibit. If at all possible, exhibit stickers shou first page of documents. If the sticker is plac should be placed in the lower right corner. C e.g. smooth metal or plastic. In such cases, the b. If an exhibit sticker cannot be attached d stringed tag which will then be attached to the c. To aid in locating exhibits, exhibit sticker because the exhibit is stored in a non-transpar sticker marked with the following information:

Contains:

Exhibit No. ____________ d. If an exhibit was marked for a prior court 6. When the court orders an exhibit admitted int exhibit list that the exhibit has been admitted.

D. Marking Photographs Substituted for Exhibits 1. If an exhibit is ordered returned to a party and sticker will be placed on the photograph showing notation will be made on the exhibit list that the exh 2. For marking of photographs when a photogr physical exhibit remains in court custody, see sectio III. EXHIBIT LIST A. All exhibits marked for identification must be li provided by the court.

Exception: Small Claims and Forcible Entry and De The procedure described below may be used in documentary and can be stored in the case file. Thi clerk of court for each court.

e exhibits intended to be submitted into evidence at a trial or other copies of exhibits.

with the full case number and exhibit number or letter and must or petitioners. or respondents. roceedings. ceedings. eous parties or proceedings.

in a manner which will not interfere with the viewing of the uld be placed in the lower right corner of the front side of the ced on the back of a document or photograph, then the sticker Caution: Exhibit stickers will not adhere well to some surfaces, sticker must also be securely taped to the exhibit.

directly to the exhibit, the sticker will be attached to a wired or exhibit.

rs should be visible at all times. However, if this is not possible rent container, the container must be labeled with a plain white :

hearing, see section VI.

to evidence, the clerk shall note on the exhibit sticker and the d a photograph of the exhibit substituted in its place, an exhibit the same exhibit number assigned to the substituted exhibit. A hibit was returned and a photograph substituted in its place.

raph is sent to the jury in place of a physical exhibit but the on V.B.

isted on the standard exhibit list, forms TF-200 and TF-201, etainer (FED) Cases small claims and FED cases if all exhibits in the case are is procedure is optional and may be used at the discretion of the 1. List exhibits in the log notes 2. Exhibits need not be listed on an exhibit list.

3. After trial or hearing, place exhibits in an en outside of envelope.

4. Store envelope of exhibits in the case file.

5. Return of exhibits is governed by Section VIII The above procedure may not be used if any exhib be listed on an exhibit list and all exhibits must be s B. The case title, case number, attorney’s name and a list. The in-court clerk will indicate on the exhibit l date they were withdrawn.

C. See section VI for additional information the in- previously marked for a prior court hearing and if th D. At the conclusion of each hearing, the original exh lists apply to more than one case, photocopies of exhibit lists apply.

IV. PREPARING EXHIBITS FOR COURT Trial counsel must comply with the following requireme A. All ammunition will be submitted in sealable conta B. All clothing, shoes, boots, hats, gloves, jackets or submitted in either clear plastic bags or paper sacks C. Any firearm will have all ammunition removed prio be in a condition that will not allow the trigger to b placed in the weapon. For example: firearms must the rear, cylinders swung out, loading gates open, o D. Breakable exhibits must be submitted in protectiv spillage.

E. All perishable exhibits (e.g., food) and those eman transparent plastic bags or other types of transpare in a manner and in a place approved by the trial jud substituted in place of the physical exhibit.

F. All drugs must be submitted in clear heavy-du containers. The opening of the bag or other contain G. Hazardous substances (such as acid, gasoline, ex storage of the hazardous substance strong enough container must clearly a) identify the contents, b) b and federal regulations.

H. Multipage documents not securely fastened may be lost.

nvelope. Note case title, case number and exhibit numbers on I of this Bulletin.

bit is stored outside the case file. In that event, all exhibits must stored outside the case file.

a brief description of each exhibit will be noted on the exhibit list whether exhibits were offered for admission, admitted or the -court clerk must write on the exhibit list if the exhibit was he exhibit is still in the court’s custody.

hibit lists will be filed in the appropriate case file. If the exhibit the exhibit lists must be placed in each case file to which the ents when submitting exhibits.

ainers.

r other wearing apparel must be dried to prevent molding and s.

or to submission to the court. When submitted, the firearm must be pulled thereby detonating any live ammunition which may be have bolts removed and taped securely to the side or locked to or slides or breeches locked open.

ve containers strong enough to prevent breakage and contain nating odors (e.g., untanned animal hides) must be submitted in ent airtight containers. During trial, such exhibits will be stored dge. The judge may allow a photograph of such an exhibit to be uty plastic bags or other types of transparent nonbreakable ner must be completely sealed with exhibit tape.

xplosives, etc.) must be submitted in containers approved for h to prevent breakage and contain spillage. The outside of the be marked hazardous and c) be labeled as required by city, state e placed in transparent plastic bags to ensure that pages are not I. In cases in which counsel anticipate that there w exhibits must be submitted in an organized syste example: documentary exhibits may be placed in 3- exhibit numbers.

V. SUBMISSION OF CERTAIN EXHIBITS TO JURY A. Unless otherwise ordered by the court, all exhi deliberation, except the following exhibits will not 1. live ammunition; 2. firearms; 3. drugs and alcoholic beverages; 4. perishable, flammable or hazardous materials; 5. money, jewelry or other valuable items.

B. The court may allow a photograph of an exhibit to is done, an exhibit sticker will be placed on the p physical exhibit with the words “photo of” noted ab list that a photograph of the exhibit was submitted unless otherwise ordered by the court.

VI. EXHIBITS MARKED IN PRIOR HEARINGS OR PRI If counsel wish to use an exhibit which is in court cu following procedures must be used.

A. Obtaining Exhibit The in-court clerk, upon request of counsel, shall a further hearings in the same case or hearings in a di B. Record of Transfer 1. New Exhibit List The prior exhibit number and case number must be 2. Prior Exhibit List The transfer of an exhibit to a new case must documented in the file of the prior case.

C. Exhibit Sticker Placement A new exhibit sticker will be placed next to the sticker. The previous exhibit sticker must remain covered or removed, that fact must be noted on the VII. SAFEKEEPING EXHIBITS A. When Clerk Takes Custody of Exhibits Each exhibit will be placed in the custody of the cl or trial. Counsel/parties will not be allowed to keep during recesses or any other time the exhibits are no B. Use of Exhibit Tape to Seal Sensitive Exhibits will be more than 50 documentary exhibits, the documentary em which will help in handling and locating the exhibits. For -ring binders with tab dividers or in file folders marked with the ibits admitted into evidence shall be given to the jury for be given to the jury without a specific court order:

and be submitted to the jury in place of the physical exhibit. If this photograph showing the same exhibit number assigned to the bove the exhibit number. A notation will be made on the exhibit d to the jury. The physical exhibit will remain in court custody, IOR CASES ustody because it was offered in a prior court proceeding, the arrange to have exhibits from prior court hearings available for ifferent case.

noted in the exhibit description on the new exhibit list.

also be noted on the exhibit list in the prior case or otherwise previous sticker. An “X” will be drawn through the previous legible. If, however, the court orders the prior exhibit sticker new exhibit list.

lerk at the time the exhibit is offered into evidence at a hearing p exhibits that have been offered into evidence at counsel table ot in immediate use. 1. Certain sensitive exhibits as described below m exhibit in a transparent plastic bag and completely that the bag cannot be opened without destroying th the tape the date of sealing and the clerk’s full sign court.

2. Drugs At the time of the final check, the in-court cler new transparent bag and seal it.

3. Rolls of Coins The in-court clerk does not need to open and c However, when a roll of coins is offered into transparent plastic bag and seal it.

4. All Other Cash The in-court clerk, in the presence of the par recess, count the cash, place it in a transparen offering the cash must date and sign the tape s that the amount of cash was verified and the this note on the exhibit list.

If the bag is opened during trial, the party who with exhibit tape, note the reverification on the It is not necessary for the clerk in charge of e turned over to that clerk. However, cash that c be recounted by the exhibit storage clerk in th the reverification must be noted on the exhibit and exhibit list. If any money is missing, th followed.

5. Jewelry, Loose Gems, Gold Dust, Gold Nugge When jewelry, loose gems, gold dust, gold nug the in-court clerk shall place the exhibit in a tra C. When Accounting of Exhibits Is Required 1. After the court has recessed each day, the in exhibits are in the court’s possession. A written inv 2. The in-court clerk must complete a final chec before the case is submitted to the jury or to the co in the final check. At the time of the final check, id which the court has previously ordered placed in unless otherwise ordered by the court.

3. The exhibits must be delivered to the jury room clerk will then date and sign the Exhibit List certify must be sealed. Sealing means the in-court clerk must place the seal the opening of the bag with exhibit tape in such a manner he tape or tearing the bag. The in-court clerk must then write on nature. Taped bags may not be opened without an order from the rk shall place any bag or other container holding drugs inside a count the coins contained in a roll of coins offered as an exhibit. o evidence, the in-court clerk shall place the roll of coins in a rty offering the cash as an exhibit, must, at the first available nt plastic bag and seal it. Both the in-court clerk and the party sealing the bag. The in-court clerk must note on the exhibit list date. The in-court clerk and submitting party must then initial o opened it and the in-court clerk must recount the cash, reseal it e exhibit list, sign and date the tape and exhibit list.

exhibit storage to open a sealed bag to count money when it is comes to the exhibit storage clerk unsealed or in a torn bag must he presence of a witness. After resealing the cash in a new bag, t list and both the clerk and witness must sign and date the tape he procedures for missing exhibits (section VII. G.) must be ets, etc.

ggets and other such valuable exhibits are offered into evidence, ansparent plastic bag and seal it.

n-court clerk must check to be sure that offered or admitted ventory is not required.

ck in accordance with Civil Rule 43.1 and Criminal Rule 26.1 ourt sitting without a jury. The parties are required to participate dentified exhibits which have not been offered for admission but the clerk’s custody shall be returned to the appropriate party, m by the in-court clerk or another court employee. The in-court ying which exhibits were delivered to the jury.

4. After a verdict has been returned and accept foreperson, must complete an inventory of the e completed, the in-court clerk will date and sign the jury. Upon a showing of good cause in specific ca must be on the record.

5. Before placing the exhibits in storage, the clerk or a designated exhibits clerk) is required to comp them in storage. After the accounting is complete t Exhibit List certifying which exhibits have been pla D. Safekeeping of Exhibits During Trial or Hearing 1. During Recesses During court recesses, sensitive exhibits must court employee is guarding the exhibits or courtroom. For the purposes of this paragraph and other valuable items.

2. Overnight Storage of exhibits overnight during a trial mu section VII. F.) or a locked exhibit cabinet in in the courtroom, exhibits may be stored in Overnight storage of sensitive exhibits (drug storage area described in section VII. F.

E. Safekeeping of Exhibits During Deliberation 1. Jury Deliberation Room The following requirements apply to any room a. For any room which may be used as a j which will allow only the bailiff and clerk the room. This separately keyed lock syst lock such rooms.

b. During jury deliberation, no one may ente while there are jurors, jurors’ notes or ex entry for such housekeeping purposes as c 2. Delivery of Exhibits to Jury Only court employees may assist in the deliver deliberation room, other exhibits left in the courtroom unless a court employee is guardin locked in the courtroom. Unless otherwise or with the jury until deliberations are concluded.

3. Exhibits Not Given to Jury Exhibits in the clerk’s custody which are not designated exhibit storage area (described in s used as a jury deliberation room, all exhibits w the courtroom or locked in exhibit storage cabi 4. Safekeeping While Jury Is Absent ted, the in-court clerk, in the presence of the bailiff and jury exhibits being returned by the jury. After the accounting is e Exhibit List certifying which exhibits were returned from the ase, the trial judge may relax this requirement. Such a finding k responsible for exhibit storage (who may be the in-court clerk plete an inventory of the exhibits being received before placing the clerk responsible for exhibit storage must date and sign the aced in storage.

be placed in a secure place unless the in-court clerk or another the courtroom is empty and the exhibits are locked in the h, “sensitive exhibits” includes money, drugs, firearms, jewelry ust be in either the designated exhibit storage area (described in the courtroom. If there are no lockable exhibit storage cabinets n the courtroom overnight only if authorized by the judge. gs, firearms, money, etc.) must be in the designated exhibit m used as a jury deliberation room, including courtrooms.

jury deliberation room, each court must provide a lock system k of court to have access to the room when exhibits are stored in tem should be in addition to the lock system ordinarily used to er the jury deliberating room unless authorized by the trial judge xhibits in the jury deliberation room. This prohibition includes cleaning the room, making coffee, etc.

ry of exhibits to the jury. During delivery of exhibits to the jury courtroom must be placed in a locked exhibit cabinet in the ng the exhibits or the courtroom is emptied and the exhibits are rdered by the court, exhibits delivered to the jury must remain .

t submitted to the jury must be properly secured in either the section F below) or a locked exhibit cabinet. If the courtroom is which are not to be submitted to the jury must be removed from inets in the courtroom. Whenever the jury leaves the jury deliberation the room with a lock which may be opened exhibits in an area authorized by the court.

F. Required Exhibit Storage Each court must establish a permanent storage are storage of exhibits. The designated exhibit storage in the court. Access to the designated exhibit stora of court personnel designated by the clerk of court.

1. Except during court proceedings or upon ord exhibit storage area. Exception: In small claims ca case are documentary, exhibits may be stored in exhibit numbers must be noted on the outside of the 2. The designated exhibit storage area will be ac times except when in use.

3. All exhibits stored in the designated exhibi envelopes or suitable boxes. The case number and c A list of the exhibit numbers contained in the envel 4. Perishable exhibits (e.g. food) or exhibits too stored in a manner and in a place approved by the tr 5. Before placing in storage, the clerk will insure section IV, are adequately packaged to prevent odo 6. Before a firearm is placed in storage, it must be G. Missing Exhibits If an exhibit cannot be located after a thorough se found to be missing, the Administrative Staff Cou establish in writing a procedure for the syste Administrative Staff Counsel if an exhibit is lost.

VIII. RETURN OF EXHIBITS (Civil Rule 74(g)) A. When Exhibits May Be Returned 1. An exhibit which is in the clerk’s custody be party who submitted the exhibit only when one or m a. Counsel withdraws the exhibit on the reco b. The court orders the exhibit returned eithe c. Parties stipulate to the return of exhibits e d. Defendant is acquitted in a criminal case court recesses. Counsel must sign the exhi e. Final judgment has been entered and the for further appeal has elapsed.

2. Exhibits which have not been offered into evid during trial will be returned to counsel at the time o n room during deliberations, the bailiff must lock the exhibits in only by the bailiff and clerk of court or otherwise secure the ea (cabinet, vault, safe or room) specifically designated for the e area must have a lock system independent of other locks used age area must be limited to the clerk of court or a small number der of the court, all exhibits will be stored in the designated ases and forcible entry and detainer cases if all exhibits in the an envelope in the case file. The case title, case number, and e envelope.

ccessible only to court personnel and will be kept locked at all it storage area, except for bulky exhibits, must be stored in case name shall be noted on the outside of the envelope or box. lope or box will be noted on or in the envelope or box.

o large for the court’s designated exhibit storage area will be rial judge.

e that exhibits needing special storage containers as required by or, breakage and spillage.

e checked to be sure that there is no ammunition in it.

earch, and in no event longer than 24 hours after an exhibit is unsel must be notified of the loss of the exhibit. All courts will ematic and immediate notification of supervisors and the ecause it has been offered into evidence will be released to the more of the following circumstances occur:

ord with the consent of the court.

er on the record or in writing.

either on the record or in writing.

e. The exhibits will be returned to counsel promptly after the ibit list to indicate receipt of the exhibits.

time for appeal has elapsed or the appeal decided and the time dence but which the judge has directed taken into court custody of final check, unless the judge orders otherwise.

3. Any exhibit, whether or not it has been off following the conclusion of a trial or hearing will b (a - e) above.

4. Return of Some Exhibits at Conclusion of Hea At the conclusion of a hearing or trial, the co exhibits to counsel for safekeeping pending ap the physical (i.e., non-documentary) exhibits counsel to take custody of the following exhib of custody pending appeal:

a. live ammunition; b. firearms; c. drugs and alcoholic beverages: d. perishable, flammable or hazardous mater e. money, jewelry or other valuable items; an f. items which are unwieldy due to bulk and Whenever exhibits are returned to counsel for submit an affidavit setting forth the specific m 43.1 and Criminal Rule 26.1) B. To Whom Exhibits May Be Returned Exhibits may be returned only to the submitting pa or borough exhibits in criminal cases may be ret prosecuting attorney in the court location or the res to the appropriate police agency. The party submi rightful owner.

C. Grand Jury Exhibits All exhibits used at grand jury proceedings will be the grand jury proceeding in which the exhibits wer on another matter. The District Attorney shall state and/or sign the exhibit list and note that the exhibits D. Procedure for Return of Exhibits 1. After the final verdict has been returned and t and the time for further appeal has elapsed, exhib methods described in paragraph 2 below. If an ex returned after the time for appeal has elapsed in all 2. The clerk shall return all exhibits by one of the a. Delivery: The clerk may return exhibits TF-206, by:

(1) Certified mail; or (2) Personal delivery at the courthouse attorney’s courier service. The person rec the “Inventory and Receipt” form, TF-206 b. Notice to Pick Up: The clerk may eithe Card”, form TF-205, by first class mail to pick up the exhibits within 33 days from t fered into evidence, which is in the possession of the clerk be released only under the circumstances set out in paragraph 1.

aring/Trial.

ourt shall inquire whether counsel stipulate to the return of any ppeal and to the substitution of photographs for any of s. Whether or not counsel stipulate, the court may also order bits, store said exhibits in a safe location and maintain the chain rials; nd d/or weight.

r safekeeping pending appeal, the court may require counsel to measures taken to insure safekeeping of the exhibits. (Civil Rule arty unless otherwise ordered by the court. State, municipal, city urned to the appropriate police agency if there is no resident sident prosecuting attorney has directed that exhibits be returned itting the exhibit is responsible for returning the exhibit to the e returned to the District Attorney following the conclusion of re used unless the exhibit is currently in the custody of the clerk e on the record that he has received the exhibits from the clerk s have been withdrawn.

the time for appeal has elapsed or the appeal has been decided bits still in the court’s custody will be returned by one of the xhibit was used in more than one case, the exhibit can only be cases in which the exhibit was offered into evidence.

e following methods:

s together with a copy of the “Inventory and Receipt” form, e to the attorney, an employee of the attorney’s firm or the ceiving the exhibits must complete and sign the court’s copy of 6.

er telephone the attorney or party or send an “Exhibit Notice o the attorney or party indicating that the attorney or party must the date the “Exhibit Notice Card” is sent. If the “Exhibit Notice Card” is returne attempts to locate the attorney or party t Association, etc. Upon locating a current supplemental “Exhibit Notice Card” to the c. Judgment Stamp: In lieu of the notice to p with a notice notifying counsel that if no a days from the date of distribution of the fi If this judgment/order is returned undeliv above to attempt to locate counsel.

E. Procedures for Destruction of Exhibits 1. Prosecution exhibits in criminal cases will n destruction is ordered, notice will be given to the prosecution’s exhibits.

2. If the notice to counsel to pick up exhibits is re to otherwise locate the attorney or party, and 33 complete the “Affidavit and Order for Disposal of judge. Upon order of the court, the clerk shall dispo 3. If the attorney or party does not pick up the ex above, the clerk shall dispose of the items as follow a. For items of value, the clerk shall arrange be deposited into the General Fund Reven b. For items of value that cannot be sold, th public service organization to which such c. For all other items, the clerk shall arrange d. If exhibits are sold, donated, or destroye Disposal of Exhibits”.

IX. EXHIBIT FORMS AND DOCUMENTS All exhibit forms, certified mail receipts and other docum Dated: __________________ _ Effective Date: ___________ S This bulletin was originally issued as No. 84-1 Amended, effe January 15, 1989; amended August 8, 2005, effectiv ed to the court undelivered, the clerk shall make reasonable through such means as telephoning, contacting the Alaska Bar t address for the attorney or party, the clerk shall then send a e attorney or party.

pick up, the final judgment or order may be stamped or printed appeal is filed they must pick up the exhibits between 31 and 60 inal judgment or order.

vered, the clerk shall follow the procedures in subparagraph b.

not be destroyed unless specifically ordered by the court. If prosecuting attorney and police prior to the destruction of the eturned to the court undelivered, and the clerk has not been able days have elapsed since the notice was sent, the clerk shall f Exhibits”, form TF-209, and submit it to the presiding or trial ose of the exhibits as set forth in subparagraph 3 below.

xhibits after receiving the notice described in paragraph VIII. D. ws:

e for the sale of such items at public auction. The proceeds will nue Account for the State of Alaska.

he clerk shall attempt to locate a charitable institution or other items can be donated.

e to have the items appropriately destroyed.

ed, the clerk must fill out form TF-210, “Affidavit Following ments regarding exhibit control will be filed in the case file.

_________________________ Stephanie Cole Administrative Director ective September 1, 1984; amended October 18, 988, effective ve October 15, 2005

Plain-English Summary

Every exhibit a party intends to use at trial must be marked for identification beforehand, with an exhibit list filed with the in-court clerk at the start of trial, following the marking and listing procedures the administrative director sets out in a bulletin. An exhibit already marked for identification can be admitted into evidence on any party's motion or the court's own motion, and once admitted, the clerk notes that on the exhibit list and marks the exhibit itself as admitted; until then, an exhibit stays in the clerk's custody only if it's been offered into evidence or the court has ordered it held. Before the case goes to the jury or to the court sitting without a jury, the court has counsel and any self-represented parties check the exhibit list against the actual exhibits, confirm the list is accurate, and confirm that any court-ordered changes were made.

Unless the court orders otherwise, admitted exhibits go to the jury for deliberation, except that live ammunition, firearms, drugs and alcohol, perishable or hazardous materials, and money, jewelry, or other valuables don't go to the jury room without a specific court order — the court can send a photograph of such an item instead. After the trial or hearing ends, the court asks whether counsel will stipulate to taking custody of exhibits for safekeeping pending appeal and substituting photographs for the physical items, and regardless of any stipulation, the court can order counsel to take custody of those same sensitive categories of exhibits (plus anything too bulky or heavy to store easily), keep them secure, and preserve the chain of custody until the appeal is resolved, backed by an affidavit describing how they did it. The administrative director's bulletin governing exhibit marking, handling, storage, and disposal controls unless the court orders something different.

Frequently Asked Questions

Do trial exhibits have to be marked before trial starts?

Yes — every intended exhibit must be marked for identification beforehand, and the parties file an exhibit list with the in-court clerk at the start of trial.

Can the jury see a firearm or drugs admitted into evidence?

Not without a specific court order — Rule 43.1 keeps live ammunition, firearms, drugs and alcohol, hazardous materials, and valuables out of the jury room by default, though the court can send a photograph instead.

What happens to trial exhibits after the case is over?

The court asks whether counsel will take custody of them for safekeeping pending appeal, and for certain sensitive categories, the court can order counsel to take custody and maintain the chain of custody regardless of any stipulation.

Source & verification. The rule text, Amendment History, and Notes are reproduced verbatim from the official Alaska Rules of Civil Procedure (Alaska R. Civ. P. 43.1). Prescribed by the Supreme Court of Alaska (Alaska Const. art. IV, § 15). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source
Also known as: marking exhibits Alaska trialexhibit list Alaska civil ruleexhibits given to jury Alaskareturning trial exhibits AlaskaAlaska R. Civ. P. 43.1