Q: Can you ask to dismiss a civil case in Alaska? Is hearsay used only after you loose a motion to return home?

A: In Alaska, as in other states, you have the right to request the dismissal of a civil case. This can be filed by either party under certain circumstances, such as when both sides agree to settle out of court or if there's a procedural issue. The success of such a motion depends on the specifics of your case and the judge's decision.

Regarding hearsay, it's generally not admissible in court trials, including adjudication trials, because it's considered unreliable. Hearsay is an out-of-court statement presented to prove the truth of the matter asserted, and it's excluded because the speaker cannot be cross-examined. However, there are many exceptions to this rule, and sometimes hearsay can be used, especially in motions or other preliminary matters before a trial.

If you file a motion to return home and lose, it doesn't automatically mean that hearsay will be used against you in your trial. The use of hearsay would depend on the context and the exceptions that might apply. It's also important to understand that motions and trials serve different purposes. A motion to return home might be about addressing your immediate living situation, while the adjudication trial will focus on the broader issues at stake in your case.

Filing a motion to return home is a significant step, as it's an official request to the court to modify your current living arrangement. It can have implications for your case, but it's also a way to seek relief while awaiting trial. Whether it's advisable to file such a motion depends on your specific circumstances and legal strategy.

Ultimately, it's important to work closely with your attorney to navigate these matters. They can provide guidance tailored to your situation and help you understand the implications of different legal actions, including the potential use and challenges of hearsay in your case.