Alaska Statutes 12.45.070 – Discovery of portions of statement
Terms Used In Alaska Statutes 12.45.070
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Chambers: A judge's office.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Recess: A temporary interruption of the legislative business.
- state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
If the state claims that any statement ordered to be produced under Alaska Stat. § 12.45.060 contains matter that does not relate to the subject matter of the testimony of the witness, the court shall order the state to deliver the statement for the inspection of the court in chambers. Upon delivery the court shall excise the portions of the statement that do not relate to the subject matter of the testimony of the witness. With the material excised, the court shall then direct delivery of the statement to the defendant for the use of the defendant. If, pursuant to this procedure, any portion of the statement is withheld from the defendant and the defendant objects to the withholding, and the trial is continued to an adjudication of the guilt of the defendant, the entire text of the statement shall be preserved by the state and, in the event the defendant appeals, shall be made available to the appellate court for the purpose of determining the correctness of the ruling of the trial judge. When a statement is delivered to a defendant, the court may recess the trial for the defendant’s examination of the statement and preparation for its use in the trial.