Alaska Motion to Invoke the Rule Prior to Voir Dire and To Enjoin the District Attorney From Advising Witnesses of Previous Testimony

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This is a multi-state form covering the subject matter of: Motion to Invoke the Rule Prior to Voir Dire and to Enjoin the District Attorney from Adivising Witnesses of Previous Testimony.

Alaska Motion to Invoke the Rule Prior to Void Dire and To Enjoin the District Attorney From Advising Witnesses of Previous Testimony is a legal proceeding commonly utilized in Alaska courts. This motion is employed to limit or prevent witnesses from being influenced by knowledge of other witnesses' previous testimonies, ensuring a fair trial. It aims to maintain the integrity of the evidence presented and prevent potential bias or collusion among witnesses. In Alaska, there are different types of motions related to invoking the rule prior to void dire and enjoining the district attorney from advising witnesses of previous testimony. These include: 1. Motion to Invoke the Rule Prior to Void Dire: This motion requests the court to enforce Rule 614 of the Alaska Rules of Evidence, which allows the exclusion of witnesses from the courtroom during trial until their testimony is completed. By invoking this rule during void dire (the process of selecting the jury), the witnesses will be prevented from hearing the testimony of other witnesses before providing their own. 2. Motion to Enjoin the District Attorney from Advising Witnesses: This motion seeks to prevent the district attorney (prosecutor) from communicating or informing witnesses about the content of earlier witnesses' testimony. It aims to preserve the independence and credibility of each witness's testimony and prevent potential influence or manipulation. 3. Joint Motion to Invoke the Rule Prior to Void Dire and To Enjoin the District Attorney From Advising Witnesses of Previous Testimony: In some cases, both parties to a trial may agree to jointly file this motion. They may recognize the importance of keeping witnesses unaware of other testimonies and seek a fair trial by invoking the rule prior to void dire and enjoining the district attorney from advising witnesses. These motions play a vital role in ensuring a fair and impartial trial. They aim to eliminate the possibility of witnesses tailoring their statements to align with previous testimonies or being influenced by others. By granting these motions, the court establishes an environment of fairness, impartiality, and integrity, strengthening the credibility of the evidence and promoting justice.

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1002. This rule, modeled after Federal Rule 1002, is the familiar part of the Best Evidence Rule requiring the production of the original to prove the contents of a writing, recording or photograph. See Rule 1001(1) and 1001(2) for definitions of the terms used in this rule.

402 Relevant Evidence Admissible?Exceptions?Irrelevant Evidence Inadmissible. 403 Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time. 404 Character Evidence Not Admissible to Prove Conduct?Exceptions?Other Crimes.

Evid. 609. Rule 609 - Impeachment by Evidence of Conviction of Crime (a)General Rule. For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime is only admissible if the crime involved dishonesty or false statement.

(a) If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qual- ified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.

The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue ...

As submitted by the Court, Rule 611(b) provided: A witness may be cross-examined on any matter relevant to any issue in the case, including credibility. In the interests of justice, the judge may limit cross-examination with respect to matters not testified to on direct examination.

Rule 35.1 - Post-Conviction Procedure (a)Scope . A person who has been convicted of or sentenced for a crime may institute a proceeding for post- conviction relief under AS 12.72. 010 - 12.72. (b)Not a Substitute for Remedies in Trial Court - Replaces All Other Remedies for Challenging the Validity of a Sentence.

Rule 11 - Pleas (a)Alternatives. A defendant may plead not guilty, guilty or nolo contendere. If a defendant refuses to plead, stands mute, or if a defendant corporation fails to appear, the court shall enter a plea of not guilty.

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Alaska Motion to Invoke the Rule Prior to Voir Dire and To Enjoin the District Attorney From Advising Witnesses of Previous Testimony