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(a) Examination of Jurors. The court shall require the jury to be selected in a prompt manner. The court may permit the parties or their attorneys to conduct the examination of prospective jurors or may itself conduct the examination. In the latter event the court shall permit the parties or their attorneys to supplement the examination by such further inquiry as it deems proper or shall itself submit to the prospective jurors such additional questions of 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 qualification, 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 principal jurors; and
(B) each party is entitled to one peremptory challenge in addition to those otherwise allowed by paragraph (d) of this rule.
(2) Procedures.
(A) The court may direct that one or two jurors in addition to the regular jury 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 principal juror shall be discharged after the jury retires to consider its verdict.
The additional peremptory challenge allowed by section (b)(1)(B) may be used only against an alternate juror, and the other peremptory challenges allowed by paragraph (d) of this rule, shall not be used against the alternates.
(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 challenge 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 grand or petit juror in a criminal 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) That the person is the guardian, ward, landlord, tenant, employer, employee, partner, client, principal, agent, debtor, creditor, or member of the family of a party or attorney; provided, however, that challenge for cause may not be taken because of the employer-employee relationship when the State of Alaska or a municipal corporation is the employer and the person challenged is not employed by an agency, department, division, commission, or other unit of the State or municipal corporation which is directly involved in the case to be tried.
(11) That the person is or has been a party adverse to the challenging party or attorney in a civil action, or has complained of or been accused by the challenging party or attorney in a criminal prosecution.
(12) That 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) That the person was a member of the grand jury returning an indictment in the case.
(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. Each party may challenge peremptorily three jurors. Two or more parties on the same side are considered a single party for purposes of peremptory challenge, but where multiple parties having adverse interests are aligned on the same side, three peremptory challenges shall be allowed to each such party represented by a different attorney.
(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 Civil Rule 47(c)(5) - (13) before proceeding to other questioning.
(f) Juries of Less Than Twelve - Majority Verdict. The parties may stipulate that the jury shall consist of any number less than twelve or that a verdict or a finding of a stated majority of the jurors shall be taken as the verdict or finding of the jury.
(g) 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 5 October 9, 1959; amended by SCO 49 effective January 1, 1963; by SCO 277 effective June 30, 1977; by SCO 465 effective June 1, 1981; by SCO 808 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; and by SCO 1153 effective July 15, 1994)
Cross References
CROSS REFERENCES: AS 09.20.010; AS 09.20.100
(c)*CROSS REFERENCES: AS 09.20.010; AS 09.20.020
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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
