AK · rules
Alaska R. Evid. 104
Preliminary Questions
(a) Questions of Admissibility Generally. Preliminary
questions concerning the qualification of a person to be a
witness, the existence of a privilege, or the admissibility of
evidence shall be determined by the court, subject to the
provisions of subdivision (b). In making its determination it is
not bound by the rules of evidence except those with respect to
privileges.
(b) Relevancy Conditioned on Fact. When the
relevancy of evidence depends upon the fulfillment of a
condition of fact, the court shall admit it upon, or subject to,
the introduction of evidence sufficient to support a finding of
the fulfillment of the condition.
(c) Hearing of Jury. Hearings on the admissibility of
confessions shall in all cases be conducted out of the hearing
of the jury. Hearings on other preliminary matters shall be so
conducted when the interest of justice require or, when an
accused is a witness, if the accused so requests.
(d) Testimony by Accused. The accused does not, by
testifying upon a preliminary matter, become subject to cross-examination as to other issues in the case. Testimony given by
the accused at the hearing is not admissible against the accused
unless inconsistent with the accused’s testimony at trial.
(e) Weight and Credibility. This rule does not limit the
right of a party to introduce before the jury evidence relevant
to weight or credibility.
History
(Added by SCO 364 effective August 1, 1979; amended by SCO 1153 effective July 15, 1994)
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
b705e68b5125aa6bb51bf9ed076fa35828c846aaf83b150c8263d9cea9ec321b
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.