Alaska Rules of Evidence


The Alaska Rules of Evidence govern the introduction of evidence in the courts of Alaska.¬† ¬†There are three courts in the Alaska judicial system — the supreme court, superior court, and district court. Both civil and criminal trials are conducted at the Superior Court and District Court level.

The Rules of Evidence are not applicable in areas that are directly covered by other rules promulgated by the Alaska Supreme Court. For example, Criminal Rule 5.1(d) and Criminal Rule 6(r), dealing with grand juries, have their own rules of evidence. In addition, Children’s Rules are special rules of evidence for children’s proceedings. Moreover, in extradition and rendition proceedings the rules of evidence are not applied since the proceedings are essentially administrative.

Table of Contents of Alaska Rules of Evidence

ARTICLE I. GENERAL PROVISIONS

101 Scope and Applicability

102 Purpose and Construction

103 Rulings on Evidence

104 Preliminary Questions

105 Limited Admissibility

106 Remainder of, or Related Writings or Recorded Statements

ARTICLE II. JUDICIAL NOTICE

201 Judicial Notice of Fact

202 Judicial Notice of Law

203 Procedure for Taking Judicial Notice

ARTICLE III. PRESUMPTIONS

301 Presumptions in General in Civil Actions and Proceedings

302 Applicability of Federal Law in Civil Actions and Proceedings

303 Presumptions in General in Criminal Cases

ARTICLE IV. ADMISSIBILITY OF RELEVANT EVIDENCE

401 Definition of Relevant Evidence

402 Relevant Evidence Admissible–Exceptions–Irrelevant Evidence Inadmissible

403 Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time

404 Character Evidence Not Admissible to Prove Conduct– Exceptions–Other Crimes

405 Methods of Proving Character

406 Habit–Routine Practice

407 Subsequent Remedial Measures

408 Compromise and Offers to Compromise

409 Payment of Medical and Similar Expenses

410 Inadmissibility of Plea Discussions in Other Proceedings

411 Liability Insurance

412 Evidence Illegally Obtained

ARTICLE V. PRIVILEGES

501 Privileges Recognized Only as Provided

502 Required Reports Privileged by Statute

503 Lawyer-Client Privilege

504 Physician and Psychotherapist-Patient Privilege

505 Husband-Wife Privileges

506 Communications to Clergymen

507 Political Vote

508 Trade Secrets

509 Identity of Informer

510 Waiver of Privilege by Voluntary Disclosure

511 Privileged Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege

512 Comment Upon or Inference From Claim of Privilege– Instruction

ARTICLE VI. WITNESSES — IMPEACHMENT

601 Competency of Witnesses

602 Lack of Personal Knowledge

603 Oath or Affirmation

604 Interpreters

605 Competency of Judge as Witness

606 Competency of Juror as Witness

607 Who May Impeach or Support

608 Evidence of Character and Conduct of Witness

609 Impeachment by Evidence of Conviction of Crime

610 Religious Beliefs or Opinions

611 Mode and Order of Interrogation and Presentation

612 Writing Used to Refresh Memory

613 Prior Inconsistent Statements–Bias and Interest of Witnesses

614 Calling and Examination of Witnesses by Court

615 Exclusion of Witnesses

ARTICLE VII. OPINION TESTIMONY AND EXPERT WITNESSES

701 Opinion Testimony by Lay Witnesses

702 Testimony by Experts

703 Basis of Opinion Testimony by Experts

704 Opinion on Ultimate Issue

705 Disclosure of Facts or Data Underlying Expert Opinion

706 Court Appointed Experts

ARTICLE VIII. HEARSAY

801 Definitions

802 Hearsay Rule

803 Hearsay Exceptions–Availability of Declarant Immaterial

804 Hearsay Exceptions–Declarant Unavailable

805 Hearsay Within Hearsay

806 Attacking and Supporting Credibility of Declarant

ARTICLE IX. DOCUMENTARY EVIDENCE

901 Requirement of Authentication or Identification

902 Self-Authentication

903 Subscribing Witness’s Testimony Unnecessary

ARTICLE X. WRITINGS

1001 Definitions

1002 Requirement of Original

1003 Admissibility of Duplicates

1004 Admissibility of Other Evidence of Contents

1005 Public Records

1006 Summaries

1007 Testimony or Written Admission of Party

1008 Functions of Court and Jury

ARTICLE XI. TITLE

1101 Title

Alaska Rules of Evidence