Copyright 1995-1999 Touch N' Go Systems, Inc. All Rights Reserved. No claim made to official government works.
Under existing Alaska law "hearsay is inadmissible upon objection unless it falls within one of the exceptions to the hearsay rule." Burkholder v. State, 491 P.2d 754, 757 (Alaska 1971). Many exceptions are listed in Rules 803 and 804, but exceptions to the hearsay rule may be found outside of Article VIII of these rules. The provision excepting from the operation of the rule hearsay which is made admissible by these rules or others adopted by the Alaska Supreme Court or by the legislature recognizes that it may be convenient to place a hearsay exception outside of this Article. When the supreme court or the legislature does so, the exception is every bit as valid as those located in Rules 803 and 804. The following examples illustrate hearsay that is rendered admissible by provisions outside of these two rules.
ALASKA RULES OF CIVIL PROCEDURE
AK Rule 4 (f): proof of service by affidavit.
AK Rule 32 (a): admissibility of depositions.
AK Rule 43(e): affidavits when motion based on facts not appearing of record, now found in Rule 43.
AK Rule 56: affidavits in summary judgment proceedings.
AK Rule 65(b): showing by affidavit for temporary restraining order.
ALASKA RULES OF CRIMINAL PROCEDURE
AK Rule 4(a) (1): affidavits to show grounds for issuing warrants.
AK Rule 5.1(d): written reports of experts in preliminary examination.
ENACTMENTS OF ALASKA LEGISLATURE
AS 03.40.070: certified copy of instrument evidencing sale of brand or mark.
AS 21.06.070: certificate of insurance director.
AS 32.05.060: partner's admission against partnership.
This rule is also not intended to alter the substantive rule of evidence that hearsay not objected to at trial is competent evidence. Reese v Geierman, 574 P.2d 445 (Alaska 1978); City of Anchorage v. Nesbett, 530 P.2d 1324, 1336 (Alaska 1975); Gregory v. Padilla, 379 P.2d 951, 953 (Alaska 1963).
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.
Return to Touch N' Go Systems, Inc. Home Page.
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
