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(a) Examination. The court shall require the jury to be selected in a prompt manner. The court may permit the defendant or the defendant's attorney and the prosecuting attorney to conduct the examination of prospective jurors or may itself conduct the examination. In the latter event the court shall permit the defendant or the defendant's attorney and the prosecuting attorney to supplement the examination by such further inquiry as it deems proper or shall itself submit to the prospective jurors such additional questions by the parties or their attorneys as it deems proper. The court may also require the parties to question the panel as a whole rather than individually and impose reasonable time limits on the examination of prospective jurors.
(b) Alternate Jurors.
(1) Generally. A court may impanel alternate jurors using one of the procedures set out in subparagraph (b)(2) below. If alternate jurors are called,
(A) they shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities and privileges as the regular jurors; and
(B) each side is entitled to one peremptory challenge in addition to those otherwise allowed by law if one or two alternate jurors are to be impaneled, and two peremptory challenges if three or four alternate jurors are to be impaneled.
(2) Procedures.
(A) The court may direct that not more than four jurors in addition to the regular panel be called and impaneled to sit as alternate jurors. Alternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties. An alternate juror who does not replace a regular juror shall be discharged after the jury retires to consider its verdict. The additional peremptory challenges allowed by section (b)(1)(B) may be used against an alternate jury only, and the other peremptory challenges allowed by these rules may not be used against an alternate juror.
(B) The court may direct that one or two jurors be called and impaneled in addition to the number of jurors required by law to comprise the jury. The court may excuse jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties. If more than the required number are left on the jury when the jury is ready to retire, the clerk in open court shall select at random the names of a sufficient number of jurors to
reduce the jury to the number required by law. The jurors selected for elimination shall be discharged after the jury retires to consider its verdict.
(c) Challenges for Cause. After the examination of prospective jurors is completed and before any juror is sworn, the parties may challenge any juror for cause. A juror challenged for cause may be directed to answer every question pertinent to the inquiry. Every challenge for cause shall be determined by the court. The following are grounds for challenges for cause:
(1) That the person is not qualified by law to be a juror.
(2) That the person is biased for or against a party or attorney.
(3) That the person shows a state of mind which will prevent the person from rendering a just verdict, or has formed a positive opinion on the facts of the case or as to what the outcome should be, and cannot disregard such opinion and try the issue impartially.
(4) That the person has opinions or conscientious scruples which would improperly influence the person's verdict.
(5) That the person has been subpoenaed as a witness in the case.
(6) That the person has already sat upon a trial of the same issue.
(7) That the person has served as a petit juror in a civil case based on the same transaction.
(8) That the person was called as a juror and excused either for cause or peremptorily on a previous trial of the same action, or in another action by the same parties for the same cause of action.
(9) That the person is related within the fourth degree (civil law) of consanguinity or affinity to one of the parties or attorneys.
(10)00That the person is the guardian, ward, landlord, tenant, employer, employee, partner, client, principal, agent, debtor, creditor, or a member of the family of the defendant, of the person alleged to be injured by the crime charged in the indictment, complaint, or information, of the person on whose complaint the prosecution was instituted, or of one of the attorneys.
(11)00That the person within the previous two years:
(i) has been a party adverse to the challenging party or attorney in a civil action; or
(ii) has complained against or been accused by the challenging party or attorney in a criminal prosecution.
(12)00That the person has a financial interest other than that of a taxpayer or a permanent fund dividend recipient in the outcome of the case.
(13)00That the person was a member of the grand jury returning an indictment in the cause.
(14)00That the person is employed by an agency, department, division, commission, or other unit of the State of Alaska, including a municipal corporation, which is directly involved in the case to be tried.
(d) Peremptory Challenges. A party who waives peremptory challenge as to the jurors in the box does not thereby lose the challenge but may exercise it as to new jurors who may be called. A juror peremptorily challenged is excused without cause. If the offense is punishable by imprisonment for more than one year, each side is entitled to 10 peremptory challenges. If the offense charged is punishable by imprisonment for not more than one year, or by a fine or both, each side is entitled to 3 peremptory challenges. If there is more than one defendant, the court may allow the defendants additional peremptory challenges and permit them to be exercised separately or jointly.
(e) Procedure for Using Challenges. The court has discretion to set procedures for the exercise of challenges and for the replacement of challenged jurors except that the entire trial panel will be asked general questions concerning the for cause challenges listed in Criminal Rule 24(c)(5) - (14) before proceeding to other questioning.
(f) Oath of Jurors. The jury shall be sworn by the clerk substantially as follows:
"You and each of you do solemnly swear (or affirm) that you will well and truly try the issues in the matter now before the court solely on the evidence introduced and in accordance with the instructions of the Court; so help you God."
(Adopted by SCO 4 October 4, 1959; amended by SCO 49 effective January 1, 1963; amended by SCO 276 effective June 30, 1977; and by SCO 428 effective September 1, 1980; by SCO 807 effective August 1, 1987; by SCO 969 effective July 15, 1989; by SCO 1013 effective January 15, 1990; by SCO 1095 effective January 15, 1993; by SCO 1153 effective July 15, 1994; and by SCO 1204 effective July 15, 1995)
Note to SCO 1204: The provision granting ten peremptory challenges to each side was added by ch. 117 ยง 1 SLA 1994. Section 6 of this order is adopted for the sole reason that the legislature has mandated the amendment.
These Court Rules were automatically converted to HTML (Hyper-Text Markup Language) format from electronic files provided by the Alaska Court System. Every effort has been made to ensure their accuracy, but neither Touch N' Go Systems, Inc., The Alaska Legal Resource Center, nor the Law Offices of James B. Gottstein are responsible for their accuracy or for any damages arising out of any possible inaccuracy. If any mistakes are found, please let us know at one of the addresses listed below.
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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
