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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 25. Evidence, Presumptions, and Privileges
- Section 310. Challenge of Privilege Before Superior or Supreme Court.
previous: Section 300
. Claiming of Privilege By Public Official or Reporter.
next: Section 320
. Challenge of Privilege Before Other Bodies.
AS 09.25.310. Challenge of Privilege Before Superior or Supreme Court.
- (a) When a public official or reporter claims the privilege in a cause being heard before the supreme court or a superior
court of this state, a person who has the right to question the public official or reporter in that proceeding, or the
court on its own motion, may challenge the claim of privilege. The court shall make or cause to be made whatever
inquiry the court thinks necessary to a determination of the issue. The inquiry may be made instanter by way of
questions put to the witness claiming the privilege and a decision then rendered, or the court may require the presence
of other witnesses or documentary showing or may order a special hearing for the determination of the issue of
- (b) The court may deny the privilege and may order the public official or the reporter to testify, imposing whatever
limits upon the testimony and upon the right of cross-examination of the witness as may be in the public interest or in
the interest of a fair trial, if it finds the withholding of the testimony would
- (1) result in a miscarriage of justice or the denial of a fair trial to those who challenge the privilege; or
- (2) be contrary to the public interest.
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