Alaska R. Evid. 803

The following are not excluded by the hearsay rule, even

though the declarant is available as a witness:

(1) Present Sense Impression. A statement describing

or explaining an event or condition made while the declarant

was perceiving the event or condition, or immediately

thereafter.

(2) Excited Utterance. A statement relating to a startling

event or condition made while the declarant was under the

stress of excitement caused by the event or condition.

(3) Then Existing Mental, Emotional, or Physical

Condition. A statement of the declarant’s then existing state of

mind, emotion, sensation, or physical condition (such as intent,

plan, motive, design, mental feeling, pain, and bodily health)

offered to prove the declarant’s present condition or future

action, but not including a statement of memory or belief to

prove the fact remembered or believed unless it relates to the

execution, revocation, identification, or terms of declarant’s

will.

(4) Statements for Purposes of Medical Diagnosis or

Treatment. Statements made for purposes of medical

diagnosis or treatment and describing medical history, or past

or present symptoms, pain, or sensations, or the inception or

general character of the cause or external source thereof

insofar as reasonably pertinent to diagnosis or treatment.

(5) Recorded Recollection. A memorandum or record

concerning a matter about which a witness once had

knowledge but now has insufficient recollection to enable the

witness to testify fully and accurately, shown to have been

made or adopted by the witness when the matter was fresh in

the witness’ memory and to reflect that knowledge correctly. If

admitted, the memorandum or record may be read into

evidence but may not itself be received as an exhibit unless

offered by an adverse party.

(6) Business Records. A memorandum, report, record,

or data compilation, in any form, of acts, events, conditions,

opinions, or diagnoses, made at or near the time by, or from

information transmitted by, a person with knowledge acquired

of a regularly conducted business activity, and if it was the

regular practice of that business activity to make and keep the

memorandum, report, record, or data compilation, all as shown

by the testimony of the custodian or other qualified witness,

unless the source of information or the method or

circumstances of preparation indicate lack of trustworthiness.

The term “business” as used in this paragraph includes

business, institution, association, profession, occupation, and

calling of every kind, whether or not conducted for profit.

(7) Absence of Record. Evidence that a matter is not

included in the memoranda, reports, records, or data

compilations, in any form, kept in accordance with the

provisions of subdivision (6), to prove the nonoccurrence or

nonexistence of the matter, if the matter was of a kind which a

memorandum, report, record, or data compilation was

regularly made and preserved, unless the sources of information or other circumstances indicate lack of trustworthiness.

(8) Public Records and Reports. (a) To the extent not

otherwise provided in (b) of this subdivision, records, reports,

statements, or data compilations in any form of a public office

or agency setting forth its regularly conducted and regularly

recorded activities, or matters observed pursuant to duty

imposed by law and as to which there was a duty to report, or

factual findings resulting from an investigation made pursuant

to authority granted by law.

(b) The following are not within this exception to the

hearsay rule: (i) investigative reports by police and other law

enforcement personnel; (ii) investigative reports prepared by or

for a government, a public office or an agency when offered by

it in a case in which it is a party; (iii) factual findings offered

by the state in criminal cases; (iv) factual findings resulting

from special investigation of a particular complaint, case, or

incident; (v) any matter as to which the sources of information

or other circumstances indicate lack of trustworthiness. Any

writing admissible under this subdivision shall be received

only if the party offering such writing has delivered a copy of

it or so much thereof as may relate to the controversy, to each

adverse party a reasonable time before the trial, unless the

court finds that such adverse party has not been unfairly

surprised by the failure to deliver such copy.

(9) Records of Vital Statistics. Records or data

compilations, in any form, of birth, fetal deaths, deaths, or

marriages, if the report thereof was made to a public office

pursuant to requirements of law.

(10) Absence of Public Record or Entry. To prove the

absence of a record, report, statement, or data compilation, in

any form, or the nonoccurrence or nonexistence of a matter of

which a record, report, statement, or data compilation, in any

form, was regularly made and preserved by a public office or

agency, evidence in the form of a certification in accordance

with Rule 902, or testimony, that diligent search failed to

disclose the record, report, statement, or data compilation, or

entry.

(11) Records of Religious Organizations. Statements of

births, marriages, divorces, deaths, legitimacy, ancestry,

relationship by blood or marriage, or other similar facts of

personal or family history, contained in a regularly kept record

of a religious organization.

(12) Marriage, Baptismal, and Similar Certificates.

Statements of facts contained in a certificate that the maker

performed a marriage or other ceremony or administered a

sacrament, made by a clergyman, public official, or other

person authorized by the rules or practices of a religious

organization or by law to perform the act certified, and

purporting to have been issued at the time of the act or within a

reasonable time thereafter.

(13) Family Records. Statements of fact concerning

personal or family history contained in family bibles,

genealogies, charts, engravings on rings, inscriptions on family

portraits, engravings and urns, crypts, or tombstones, or the

like.

(14) Records of Documents Affecting an Interest in

Property. The record of a document purporting to establish or

affect an interest in property, as proof of the content of the

original recorded document and its execution and delivery by

each person by whom it purports to have been executed, if the

record is a record of a public office and an applicable statute

authorizes the recording of documents of that kind in that

office.

(15) Statements in Documents Affecting an Interest in

Property. A statement contained in a document purporting to

establish or affect an interest in property if the matter stated

was relevant to the purpose of the document, unless dealings

with the property since the document was made have been

inconsistent with the truth of the statement or the purport of the

document.

(16) Statements in Ancient Documents. Statements in a

document in existence twenty years or more the authenticity of

which is established.

(17) Market Reports, Commercial Publications. Market

quotations, tabulations, lists, directories, codes, standards, or

other published compilations, generally used and relied upon

by the public or by persons in particular occupations.

(18) Learned Treatises. To the extent called to the

attention of an expert witness upon cross-examination or relied

upon by the expert witness in direct examination, statements

contained in published treatises, periodicals, or pamphlets on a

subject of history, medicine, or other science or art, established

as a reliable authority by the testimony or admission of the

witness or by other expert testimony or by judicial notice. If

admitted, the statements may be read into evidence but may

not be received as exhibits.

(19) Reputation Concerning Personal or Family

History. Reputation among members of a person’s family by

blood, adoption, or marriage, or among the person’s associates,

or in the community, concerning the person’s birth, adoption,

marriage, divorce, death, legitimacy, relationship by blood,

adoption, or marriage, ancestry, or other similar fact of

personal or family history.

(20) Reputation Concerning Boundaries or General

History. Reputation in a community, arising before

controversy, as to boundaries of or customs affecting lands in

the community, and reputation as to events of general history

important to the community or state or nation in which located.

(21) Reputation as to Character. Reputation of a

person’s character among associates or in the community.

(22) Judgment as to Personal, Family, or General

History, or Boundaries. A judgment as proof of a matter of

personal, family or general history, or boundaries, essential to

the judgment, if the same would be provable by evidence of

reputation.

(23) Other Exceptions. A statement not specifically

covered by any of the foregoing exceptions but having

equivalent circumstantial guarantees of trustworthiness, if the

court determines that (a) the statement is offered as evidence of

a material fact; (b) the statement is more probative on the point

for which it is offered than any other evidence which the

proponent can procure through reasonable efforts; and (c) the

general purposes of these rules and the interest of justice will

best be served by admission of the statement into evidence.

However, a statement may not be admitted under this

exception unless the proponent of it makes known to the

adverse party sufficiently in advance of the trial or hearing to

provide the adverse party with a fair opportunity to prepare to

meet it, the proponent’s intention to offer the statement and the

particulars of it, including the name and address of the

declarant.