Rule 11. Hearings

(a) Conduct of Hearing. Adoption hearings are

confidential proceedings tried by the court without a jury and

must be conducted pursuant to AS 25.23.150(a).

(b) Exclusion of Witnesses. Witnesses may be excluded

from a hearing pursuant to Evidence Rule 615.

(c) Telephonic Participation. The court may conduct

any hearing with telephonic participation as provided by Civil

Rule 99, except as provided by Adoption Rule 9(f). Payment of

telephone costs is governed by Administrative Rule 48.

(d) Testimony Under Oath. All testimony must be

given under oath or affirmation as required by Evidence Rule

603.

(e) Contested Adoptions. The court may issue a pretrial

order when the parties contest any issue. The court shall

consider the advisability of appointing a guardian ad litem in

contested adoptions.

(f) Burden and Standard of Proof. The burden is on

the petitioner to prove all relevant issues in the adoption. The

standard of proof as to the finding that the adoption is in the

best interests of the person to be adopted is by a preponderance

of the evidence. The standard of proof as to a finding that a

consent is not required under AS 25.23.050(a) is by clear and

convincing evidence.

In an adoption involving an Indian child, the burden of

proof is also on the petitioner to show by a preponderance of

the evidence that the placement is within the placement

preferences or that there is good cause for allowing a non-

preferred placement pursuant to 25 U.S.C. Section 1915. The

burden and standard of proof in proceedings for the

involuntary termination of parental rights in conjunction with

adoption proceedings must comply with CINA Rule 18.

lso on the petitioner to show by a preponderance of

the evidence that the placement is within the placement

preferences or that there is good cause for allowing a non-

preferred placement pursuant to 25 U.S.C. Section 1915. The

burden and standard of proof in proceedings for the

involuntary termination of parental rights in conjunction with

adoption proceedings must comply with CINA Rule 18.

(g) Representation by Non-Attorney. Unless the court

for good cause requires representation by an attorney, an

Indian tribe that has intervened may be represented by a non-

attorney designated by the Indian tribe. The tribe must file a

written authorization for representation by the designated non-

attorney before the non-attorney may represent the tribe. If the

tribe changes its designated representative or if the

representative withdraws, the tribe must file a written

substitution of representation or withdrawal. A guardian ad

litem need not be represented by an attorney unless the court,

for good cause, requires representation by an attorney.