Rules of Evidence Oct 1, 2011

Alabama Rules on Evidence and Witnesses

Article 1 General Provisions.

Division 1 Evidence.

Division 1 Generally.

Section 12-21-1 Production of books, etc., generally - By parties; failure to comply.
Section 12-21-2 Production of books, etc., generally - By resident nonparties; failure to comply.
Section 12-21-3 Compelling books, etc., to be produced; parol in lieu thereof.
Section 12-21-3.1 Subpoena of law enforcement officers and investigative reports; disposition of criminal matters.
Section 12-21-4 Taking of affidavits outside state.
Section 12-21-5 Copy of hospital records - Admissibility.
Section 12-21-6 Copy of hospital records - Subpoena duces tecum; inspection; form; weight.
Section 12-21-6.1 Reproduction and delivery of medical records.
Section 12-21-7 Copy of hospital records - Certificate of custodian.
Section 12-21-8 Destruction of exhibits offered and received in evidence.
Section 12-21-9 Exclusion of audience where evidence vulgar, etc.
Section 12-21-10 Division cumulative as to proof of documents or records.
Section 12-21-11 Applicability of provisions regulating admissibility or proof of facts.
Section 12-21-12 Proof by substantial evidence required; scintilla rule abolished; higher standard of proof; substantial evidence defined; application.
Section 12-21-13 Physical evidence not precluded from jury or court because of break in chain of custody.

Division 2 Competency and Admissibility.

Section 12-21-30 Declarations of deceased persons as to ancient rights.
Section 12-21-31 Written settlements for composition of debts.
Section 12-21-32 Books of account kept by deceased executor, etc.
Section 12-21-33 Parol to show writing void.
Section 12-21-34 Certificate of public officer on nonexistence of record or entry of such.
Section 12-21-35 Certified transcripts of official governmental books, etc.; duty to furnish.
Section 12-21-36 Certified copies of surveyor general's books, etc.
Section 12-21-37 Private legislative acts.
Section 12-21-38 Copies of proceedings and judgments of foreign courts not of record.
Section 12-21-39 Handwriting - Evidence for comparison.
Section 12-21-40 Handwriting - Comparison of disputed writing with genuine.
Section 12-21-41 Evidence of title to lands.
Section 12-21-42 Books of account as proof of accounts.
Section 12-21-43 Writings or records made in regular course of business - Originals.
Section 12-21-44 Writings or records made in regular course of business - Photostatic, photographic or microphotographic plate or film of originals, or prints thereof; rights thereto when original not available.
Section 12-21-45 Evidence that medical or hospital expenses to be paid or reimbursed admissible as competent evidence.

Division 3 Authentication of Documents, Proof of Facts, etc.

Section 12-21-60 Proof of written instrument's execution by maker.
Section 12-21-61 Subscribing witnesses - When must be produced.
Section 12-21-62 Subscribing witnesses - Proof of execution when dead, etc.
Section 12-21-63 Accounting for alteration in writing introduced as genuine.
Section 12-21-64 Proof of laws of foreign countries.
Section 12-21-65 Proof of unwritten or common law of other states and territories.
Section 12-21-66 Proof of land office deeds or written instruments for conveyance or sale of land.
Section 12-21-67 Proof of exemplifications or copies of records, etc., kept in public office.
Section 12-21-68 Proof of publication of notice.
Section 12-21-69 Proof of posting of notice.
Section 12-21-70 Authentication of foreign state, territory or country's legislative acts; effect thereof.
Section 12-21-71 Authentication of foreign state, territory or country's public records or books; effect thereof.
Section 12-21-72 Authentication of paper or document by bureau or department head.
Section 12-21-73 Additional or alternative mode of proof of certain official documents.

Division 4 Weight and Sufficiency.

Section 12-21-90 Official notice of armed forces death.
Section 12-21-91 Official report of person missing, etc.; presumption of signer's authority.
Section 12-21-92 Secretary of State's publication of foreign interest rates.
Section 12-21-93 Statutes of other states and territories.
Section 12-21-94 Transcripts of congressional acts and foreign statutes.
Section 12-21-95 Municipal ordinances, bylaws and resolutions.
Section 12-21-96 Land patents.
Section 12-21-97 Pre-1879 documents or certified copies executed by Governor as evidence of sale or transfer of state lands.
Section 12-21-98 Certificates and transcripts as evidence of land title and facts.
Section 12-21-99 Recitals in sheriff's deed.
Section 12-21-100 Judgments.
Section 12-21-101 Certified registers of marriages, births and deaths.
Section 12-21-102 Copies of letters testamentary, administration and guardianship.
Section 12-21-103 Transcribed records.
Section 12-21-104 Copies of required official bonds, etc., and transcripts.
Section 12-21-105 Certificate of notary, etc., as to presentment for acceptance, etc., of instrument governed by commercial law.
Section 12-21-106 Official entry on paper as evidence of registry.
Section 12-21-107 When certified copy good secondary evidence.
Section 12-21-108 Historical works, etc., as evidence of facts of general notoriety and interest.
Section 12-21-109 Effect of written receipts, releases, discharges, and judgments entered pursuant to pro tanto settlements generally.
Section 12-21-110 Receipts for money.
Section 12-21-111 Verified itemized statement as evidence of account's correctness.
Section 12-21-112 Written contract as evidence of debt or duty; impeachment thereof.
Section 12-21-113 Price current and commercial lists.
Section 12-21-114 Market value testimony.

Division 2 Witnesses.

Division 1 Generally.

Section 12-21-130 Interpreters generally.
Section 12-21-131 Interpreters for persons defective in speech and/or hearing - When furnished; qualifications; notice of need for interpreter; proof of deafness; requests to be channeled through certain organizations; listing of qualified interpreters; oath of interpreter; confidentiality; fee for services.
Section 12-21-132 Interpreters for persons defective in speech and/or hearing - How furnished.
Section 12-21-133 Interpreters for persons defective in speech and/or hearing - Duty of handicapped person; provisions cumulative.
Section 12-21-134 Interpreters for persons defective in speech and/or hearing - Compensation and expenses.
Section 12-21-135 How testimony given.
Section 12-21-136 Oath or affirmation for oral testimony.
Section 12-21-137 Right of cross-examination.
Section 12-21-138 Leading questions.
Section 12-21-139 Disclosure of evidence sought by objected-to question.
Section 12-21-140 Motion to exclude answer unnecessary.
Section 12-21-141 Right of witness to be protected.
Section 12-21-142 Exemption of news-gathering persons from disclosing sources.
Section 12-21-143 Failure of witnesses to testify.
Section 12-21-144 Taxation of costs for taking of depositions.
Section 12-21-145 Applicability of provisions regulating admissibility or proof of facts.
Section 12-21-146 Definition of "physician" extended.

Division 2 Competency.

Section 12-21-160 Expert witnesses.
Section 12-21-161 Testimony of attorney, etc., for or against client.
Section 12-21-162 Witness convicted of crime.
Section 12-21-163 Witness having interest.
Section 12-21-164 Deceased borrower's representative as usury witness.
Section 12-21-165 Incompetent witnesses.
Section 12-21-166 Confidentiality of communications with clergymen.

Division 3 Attendance.

Section 12-21-180 Subpoenas for witnesses.
Section 12-21-181 Compelling of appearance and testimony of expert witnesses.
Section 12-21-182 Proceedings upon failure of subpoenaed witness to attend and remain.
Section 12-21-183 Execution of warrants for witnesses and other process in adjoining counties.
Section 12-21-184 Securing attendance of witnesses until case disposed of.

Article 2 Criminal Cases.

Division 1 General Provisions.

Section 12-21-200 Proof of intent to injure, defraud or cheat.
Section 12-21-201 When proof of incorporation necessary.
Section 12-21-202 Exclusion of audience where evidence vulgar, etc.
Section 12-21-203 Admissibility of evidence relating to past sexual behavior of complaining witness in prosecutions for criminal sexual conduct.

Division 2 Witnesses.

Division 1 Competency.

Section 12-21-220 Right of defendant to be witness; effect of prosecution's comment on defendant's failure to testify.
Section 12-21-221 Witness having pecuniary interest in case.
Section 12-21-222 Accomplice's testimony for felony conviction.
Section 12-21-223 Discharged codefendant as witness for prosecution.
Section 12-21-224 Acquitted codefendant as witness.
Section 12-21-225 Testimony for state or defendant by convict.
Section 12-21-226 Wife against husband in abandonment cases.
Section 12-21-227 Husband and wife for or against one another.

Division 2 Attendance.

Section 12-21-240 Attendance of witnesses - Generally.
Section 12-21-241 Attendance of witnesses - Where case continued.
Section 12-21-242 Attendance of witnesses - On remand for new trial.
Section 12-21-243 Subpoena of witnesses - Grand jury appearance.
Section 12-21-244 Subpoena of witnesses - Trial appearance.
Section 12-21-245 Subpoena of witnesses - Authority of district attorney.
Section 12-21-246 Subpoena of witnesses - Execution.
Section 12-21-247 Conditional judgment against defaulting witnesses - Entry.
Section 12-21-248 Conditional judgment against defaulting witnesses - Notice; when made absolute.
Section 12-21-249 Conditional judgment against defaulting witnesses - Effect of two notices returned "not found."

Division 3 Depositions.

Section 12-21-263 Taking testimony of convict in penitentiary on interrogatories by defendant.
Section 12-21-264 Taking of deposition or videotaped deposition when victim or witness unavailable because of exceptional circumstances.

Division 4 Securing Attendance of Out-of-State Witnesses.

Section 12-21-280 Short title.
Section 12-21-281 Definitions.
Section 12-21-282 Procedure for securing attendance of witness within state at criminal proceeding, etc.; in another state; fees and allowances; effect of failure of summoned witness to attend and testify.
Section 12-21-283 Procedure for securing attendance of witness in another state at criminal proceedings, etc., within state; fees and allowances; effect of failure of summoned witness to attend and testify.
Section 12-21-284 Exemption from arrest or service of process of persons coming into or passing through state in obedience to summons to attend and testify.
Section 12-21-285 Construction of subdivision.

Division 5 Certificate of Analysis.

Section 12-21-300 Offering of certificate of analysis in lieu of testimony.
Section 12-21-301 Notice of intent to offer proof by certificate of analysis.
Section 12-21-302 Request for hearing to show cause why subpoena should be issued for cross-examination.
Section 12-21-303 When subdivision not applicable.

Comments

What’s on your mind?

Alabama Rules on Evidence and Witnesses

Share