Alaska R. Evid. 402

As amended through March 21, 2024
Rule 402 - Relevant Evidence Admissible- Exceptions-Irrelevant Evidence Inadmissible

All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States or of this state, by enactments of the Alaska Legislature, by these rules, or by other rules adopted by the Alaska Supreme Court. Evidence which is not relevant is not admissible.

Alaska R. Evid. 402

Added by SCO 364 effective 8/1/1979; amended by SCO 1939 effective 12/26/2018; SCO 1950 effective 7/20/2019.

Chapter 110 SLA 04 (HB 285 ) adopts the Uniform Electronic Transactions Act. According to Section 3 of the Act, AS 09.80.100, enacted in Section 1, has the effect of amending Evidence Rule 402 by adding a provision that prevents electronic evidence of a record or signature from being inadmissible as evidence just because it is in electronic form.

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)(1), enacted by section 1 of the Act, has the effect of amending Evidence Rule 402 by prohibiting the admission of an expression of apology, sympathy, commiseration, compassion, or benevolence by a health care provider in a medical malpractice cause of action regardless of its relevance.

Note: Chapter 108, SLA 2018 (HB 336 ) enacted a new chapter authorizing Supported Decision-Making Agreements for certain purposes. According to section 2 of the Act, AS 13.56.150(c), added by section 1 of the Act, has the effect of changing Evidence Rule 402 by prohibiting the execution of a supported decision-making agreement from being used as evidence of a principal's incapacity (see definitions in AS 13.56.190, added by section 1 of the Act).

12, SLA 2019 (HB 78 ) enacted a number of changes relating to the insurance code. According to section 8 of the Act, provisions in sections 3 (enacting AS 21.22.117) and 5 (amending AS 21.22.120) of the Act have the effect of changing Evidence Rules 402 and 501, effective July 20, 2019, by creating a new privilege relating to insurance holding companies and insurance holding company systems that would prevent a person from being permitted or compelled to testify about confidential documents, materials, or information in a private civil action. These same provisions preclude the admissibility of evidence: (a) in a private action, of documents, materials, or other information in the possession or control of the National Association of Insurance Commissioners relating to insurance holding companies and insurance holding company systems; and (b) in a proceeding against certain insurers or person in an insurance holding company system, of agreements or documentation relating to insurance holding companies and insurance holding company systems.