Rule Text
Hearsay is not admissible except as provided by these rules, by other rules prescribed by the Alaska Supreme Court, or by enactment of the Alaska Legislature.
Amendment history: (Added by SCO 364 effective August 1, 1979)
Committee Notes
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. Rule 4 (f): proof of service by affidavit. Rule 32 (a): admissibility of depositions. Rule 43(e): affidavits when motion based on facts not appearing of record, now found in Rule 43. Rule 56: affidavits in summary judgment proceedings. Rule 65(b): showing by affidavit for temporary restraining order. PROCEDURE Rule 4(a) (1): affidavits to show grounds for issuing warrants. 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. Rule 802 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).
