Alaska Bar. R. 50

As amended through December 18, 2024
Rule 50 - Evidence and Burden of Proof

The proceedings had upon the applications need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions; provided, however, that certified or duly authenticated copies of the record, including a transcript of testimony therein, of

(a) any disciplinary proceeding against the lawyer of which the lawyer had notice conducted by the Alaska Bar Association or any body authorized to conduct disciplinary proceedings against attorneys in any state or the District of Columbia.
(b) any proceeding conducted pursuant to Rules 16, 28, 29, Alaska Bar Rules.
(c) any proceeding resulting in the conviction of the lawyer of a crime, or
(d) any contested civil action or special proceeding to which a lawyer is a party or in whose behalf the action is prosecuted or defended, may constitute sufficient evidence to support a finding. The applicant bears the burden of proof upon the issues of reimbursable loss and the extent thereof and all facts shall be established by a preponderance of the evidence.

Alaska Bar. R. 50

Added by SCO 214 effective 1/1/1976; amended by SCO 1153 effective 7/15/1994