ALASKA COURT RULES

(b) Prima Facie Evidence. A statute providing that a fact or group of facts is prima facie evidence of another fact establishes a presumption within the meaning of this rule. (c) Inconsistent Presumption. If two presumptions arise which conflict with each other, the court shall apply the presumption which is founded on the weightier considerations of policy and logic. If there is no such preponderance, both presumptions shall be disregarded. (Added by SCO 364 effective August 1, 1979; and amended by SCO 1806 effective September 9, 2013) Note: Ch. 80, SLA 2001 enacted a new subsection (b)(8) to AS 34.77.120 concerning the sufficiency of spousal testimony to rebut presumptions established under AS 34.77.120(b)(5) or (7). According to section 7 of the Act, this new subsection has the effect of amending Evidence Rule 301 by changing the rule’s general criteria for the evidence that must be introduced to satisfy the burden of proof to rebut the presumptions. Note: Chapter 45, SLA 2013 (HB 65) enacted various changes, including amendments to AS 34.77.110 relating to community property, effective September 9, 2013. According to section 47 of the Act, AS 34.77.110(i), enacted by section 43 of the Act, has the effect of amending Alaska Rule of Evidence 301 by specifying the evidence that is sufficient to rebut a presumption under AS 34.77.110(i).