Rule 10 Evidence
IV. Discovery, Evidence, Proof
Rule Text
(a) Applicability of Evidence Rules. The Alaska Rules of Evidence apply to delinquency proceedings to the same extent that they apply to criminal proceedings, except as otherwise provided by these rules.
(b) Disposition and Review of Disposition Orders. The parties may submit information through reports, statements, affidavits and testimony at the disposition hearing and in review of a disposition order. Hearsay that is not otherwise admissible under a recognized exception to the hearsay rule may be admissible at disposition and in review of a disposition order if the hearsay is probative of a material fact, has circumstantial guarantees of trustworthiness, and the appearing parties are given a fair opportunity to meet it.
(c) Temporary Detention Hearing. Hearsay that is not otherwise admissible under the Evidence Rules may be admitted under the standard stated in paragraph (b) of this rule at a temporary detention hearing. (SCO 845 effective August 15, 1987; amended by SCO 1265 effective July 15, 1997; and by SCO 1349 effective December 1, 1998) Note to SCO 1349: Delinquency Rule 10(c) was amended by ch. 107, § 52, SLA 1998, effective July 1, 1998. Paragraph 5 of this order, which amends Delinquency Rule 10(c), is adopted for the sole reason that the legislature has mandated the amendment. Cross References