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