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(a) Notice. Notice of each hearing must be given to all parties within a reasonable time before the hearing. Service on the child may be accomplished by serving the child's guardian ad litem, attorney or social worker.
(b) Presence of the Child. A child who is not of suitable age to understand or participate in the proceedings need not be present at hearings unless the court so orders. The court may excuse the presence of a child who is of suitable age if attendance would be detrimental to the child. The child or the child's guardian ad litem may waive the child's right to be present at a particular hearing.
(c) Parties Excluded. The court may exclude the child during particular testimony if the effect of that testimony would psychologically harm the child. The court also may exclude a parent, guardian or Indian custodian during the child's testimony in order to protect the child from material psychological harm, provided that the parent, guardian or Indian custodian may listen to a recording of the testimony to prepare for further examination and rebuttal.
(d) Exclusion of Witnesses. Witnesses may be excluded from a hearing pursuant to Evidence Rule 615.
(e) General Public Excluded. Hearings are not open to the public. However, the court may, after due consideration for the welfare of the child and the family, admit specific individuals to a hearing.
(f) Telephonic Participation.
(1) The court may conduct any hearing with telephonic participation by one or more parties, counsel, witnesses or the judge.
(2) In any proceeding in which the court is authorized to proceed ex parte, the court may contact the non-appearing party or counsel by telephone, and in the interests of justice receive evidence or argument without stipulation of the parties.
(3) Procedures for telephonic hearings are governed by Civil Rule 99(b). Payment of telephone costs is governed by Administrative Rule 48.
(g) Testimony Under Oath. All testimony must be given under oath or affirmation as required by Evidence Rule 603.
(h) Representation by Non-Attorney. Unless the court for good cause requires representation by an attorney, an Indian tribe may be represented by a non-attorney tribal member or tribal employee. A written authorization for representation by the non-attorney must be filed in the case before the non-attorney tribal member or tribal employee may represent the tribe. A guardian ad litem need not be represented by an attorney unless the court, for good cause, requires representation by an attorney.
(SCO 845 effective August 15, 1987; amended by SCO 998 effective January 15, 1990)
Cross References
CROSS REFERENCE: AS 47.10.070.
PART II. MASTERS, MAGISTRATES, DISTRICT COURT JUDGES
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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
