Copyright 1995-1999 Touch N' Go Systems, Inc. All Rights Reserved. No claim made to official government works.
Rule 901. Requirement of Authentication or Identification.
The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims, except as provided in paragraphs (a) and (b) below:
(a) Whenever the prosecution in a criminal trial offers (1) real evidence which is of such a nature as not to be readily identifiable, or as to be susceptible to adulteration, contamination, modification, tampering, or other changes in form attributable to accident, carelessness, error or fraud, or (2) testimony describing real evidence of the type set forth in (1) if the information on which the description is based was acquired while the evidence was in the custody or control of the prosecution, the prosecution must first demonstrate as a matter of reasonable certainty that the evidence is at the time of trial or was at the time it was observed properly identified and free of the possible taints identified by this paragraph.
(b) In any case in which real evidence of the kind described in paragraph (a) of this rule is offered, the court may require additional proof before deciding whether to admit or exclude evidence under Rule 403.
(Added by SCO 364 effective August 1, 1979; amended by SCO 1295 effective January 15, 1998)
EDITOR'S NOTE: To the extent that this rule conflicts with AS 12.80.050 the rule controls, as sec. 44, ch. 143, SLA 1982 did not receive the required 2/3 vote in the legislature.
NOTE: Section 41 of ch. 87 SLA 1997 adds AS 25.20.050(j) which provides that invoices and other standard documents showing charges for medical and related costs of pregnancy, childbirth or genetic testing are admissible in an action to establish paternity without testimony or other foundational evidence from the medical provider or third party payor. According to ยง 154 of the Act, this provision has the effect of amending Evidence Rule 901 by limiting the discretion of the court to exclude documentary evidence of specified costs in a paternity action.
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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
