(a) Statement of Case. Before the introduction of any evidence, the plaintiff shall state briefly the claim for relief and the issues to be tried. The defendant shall then state the defense or counterclaim.
Rule 46.Conduct of Trials.
Last amended July 15, 1994 · Last verified July 6, 2026
In one sentenceRule 46 sets the order of proceedings at trial — opening statements, presenting evidence, objecting to rulings, closing arguments — and limits photography and broadcasting in the courtroom.
Full Text of Rule 46
(b) Introduction of Evidence. Unless otherwise ordered by the court, which may regulate the order of proof in the exercise of sound discretion, the plaintiff shall then introduce evidence, and when the plaintiff has concluded the defendant shall do the same.
(c) Rebutting Evidence. The parties may then respectively introduce rebutting evidence only, unless the court, for good reason and in the furtherance of justice, permits them to introduce other evidence.
(d) Examination of Witnesses. Unless otherwise ordered by the court no more than one attorney on each side may examine or cross-examine a witness.
(e) Attorney as Witness. If counsel for either party is a witness on behalf of that counsel’s client and gives evidence on the merits of the case, that counsel shall not argue the case to the jury unless by permission of the court.
(f) Exceptions Unnecessary. Formal exceptions to rulings or orders of the court are unnecessary; but for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which the party desires the court to take or the party’s objection to the action of the court and the grounds therefor; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice the party.
(g) Argument of Counsel. When the evidence is concluded, and unless the case is submitted to the jury by mutual agreement of both sides without argument, the plaintiff shall open with the plaintiff’s argument; the defendant shall follow with the defendant’s argument and the plaintiff may conclude the argument. Not more than two counsel shall be allowed to address the jury on behalf of either party, unless otherwise allowed by the court. If the plaintiff waives the opening argument and the defendant then argues the case to the jury, the plaintiff shall not be permitted to reply to the defendant’s argument.
(h) Time for Opening Statements and Argument. The court may fix the time allowed each party for opening statements and final argument. The parties shall be given adequate time for argument having due regard to the complexity of the case and may make separate time allowances for co-parties whose interests are adverse.
Amendment History
(Adopted by SCO 5 October 9, 1959; amended by SCO 49 effective January 1, 1963; by SCO 321 effective September 15, 1978; by SCO 994 effective January 15, 1990; and by SCO 1153 effective July 15, 1994)
Plain-English Summary
Before any evidence comes in, the plaintiff briefly states the claim and the issues to be tried, and the defendant then states the defense or counterclaim. Unless the court orders a different sequence, the plaintiff presents evidence first, the defendant follows, and afterward each side may offer only rebuttal evidence unless the court, for good reason, allows more. Only one attorney per side may examine or cross-examine a given witness unless the court permits otherwise, and a lawyer who testifies on the merits for their own client generally can't also argue the case to the jury without the court's permission. A party no longer needs to take a formal exception to a ruling — it's enough to tell the court, at the time, what action is wanted or what's being objected to and why, and if there was no chance to object when the ruling was made, staying silent doesn't waive the point later.
After the evidence closes, the plaintiff argues first, the defendant responds, and the plaintiff gets the final word, unless both sides agree to skip argument altogether; no more than two lawyers per side may address the jury unless the court allows more, and a plaintiff who waives an opening argument can't reply after the defendant argues. The court sets how much time each side gets for opening statements and closing argument, taking the case's complexity into account, and can give co-parties with conflicting interests separate time allowances. Photographing or broadcasting a courtroom proceeding while it's underway isn't allowed except as permitted under a separate administrative rule.
Frequently Asked Questions
Who presents evidence first at an Alaska civil trial?
The plaintiff, followed by the defendant, unless the court orders a different order of proof; afterward each side is generally limited to rebuttal evidence.
Do I still need to formally object to preserve an issue for appeal?
No formal exception is required — telling the court at the time what you want done, or what you're objecting to and why, is enough.
Can a lawyer who testifies as a witness also argue the case to the jury?
Generally not, if the lawyer gave evidence on the merits for their own client, unless the court gives permission.
Can trials be photographed or broadcast in Alaska courtrooms?
Only in accordance with the separate administrative rule governing courtroom photography and broadcasting.
Source & verification. The rule text, Amendment History, and Notes are reproduced verbatim from the
official Alaska Rules of Civil Procedure (Alaska R. Civ. P. 46). 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: order of proceedings at trial Alaskaobjecting to a ruling at trial Alaskaclosing argument order Alaska civil casecameras in the courtroom Alaska ruleAlaska R. Civ. P. 46