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Alaska R. Evid. 901

Requirement of Authentication or Identification

activein force · 1998-01-15 – presentact-effective-date

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.

History

(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 12.45.086 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 § 154 of the Act, this provision has the effect of amending Evidence Rule 901 by limiting discretion of the court to exclude documentary evidence of specified costs in a paternity action.

Provenance

Source
courts.alaska.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
0a546ed12fe2cc04defa43a437da068377569c1de4b99bcba3769bc571209be0
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