The following definitions apply under this article:
(a)Statement. A statement is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion.(b)Declarant. A declarant is a person who makes a statement.(c)Hearsay. Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.(d)Statements Which Are Not Hearsay. A statement is not hearsay if (1)Prior Statement by Witness. The declarant testifies at the trial or hearing and the statement is(A) inconsistent with the declarant's testimony. Unless the interests of justice otherwise require, the prior statement shall be excluded unless(i) the witness was so examined while testifying as to give the witness an opportunity to explain or to deny the statement or(ii) the witness has not been excused from giving further testimony in the action; or(B) consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive; or(C) one of identification of a person made after perceiving the person; or(2)Admission by Party-Opponent. The statement is offered against a party and is (A) the party's own statement, in either an individual or a representative capacity, or (B) a statement of which the party has manifested an adoption or belief in its truth, or (C) a statement by a person authorized by the party to make a statement concerning the subject, or (D) a statement by the party's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship, or (E) a statement by a co-conspirator of a party during the course and in furtherance of the conspiracy; or(3)Recorded Statement by Child Victims of Crime. The statement is a recorded statement by the victim of a crime who is less than 16 years of age and (A) the recording was made before the proceeding;(B) the victim is available for cross-examination;(C) the prosecutor and any attorney representing the defendant were not present when the statement was taken;(D) the recording is on videotape or other format that records both the visual and aural components of the statement;(E) each person who participated in the taking of the statement is identified on the recording;(F) the taking of the statement as a whole was conducted in a manner that would avoid undue influence of the victim;(G) the defense has been provided a reasonable opportunity to view the recording before the proceeding; and(H) the court has had an opportunity to view the recording and determine that it is sufficiently reliable and trustworthy and that the interests of justice are best served by admitting the recording into evidence.Added by SCO 364 effective 8/1/1979; amended by SCO 1153 effective 7/15/1994; and by SCO 1580 effective 7/1/2005Note: Chapter 64, section 59, SLA 2005 (HB 53) amended Evidence Rule 801 as reflected in section 13 of this Order. The change to Evidence Rule 801 is adopted for the sole reason that the legislature has mandated the amendment.
Note: Chapter 62, SLA 2014 (HB 250), effective October 6, 2014, enacted various changes, including a new section AS 09.55.544 restricting the evidence that is admissible in medical malpractice actions. According to section 2 of the Act, AS 09.55.544(a)(5), enacted by section 1 of the Act, has the effect of amending Evidence Rule 801 by prohibiting the admission of an offer of correction, remediation, or settlement, by a health care provider in a medical malpractice cause of action.