Chapter 1 - 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
(a) The court may, on motion and due notice thereof, require the parties to produce books, documents or writings in their possession, custody, control ...
- Section 12-21-2 Production of books, etc., generally - By resident nonparties; failure to comply
(a) When any deed, writing or other document which it may be necessary to use as testimony in any case may be in the ...
- Section 12-21-3 Compelling books, etc., to be produced; parol in lieu thereof
The court may, upon affidavit of their necessity and materiality, upon motion, compel, by order, either party to produce, at or before the trial, ...
- Section 12-21-3.1 Subpoena of law enforcement officers and investigative reports; disposition of criminal matters
(a) Neither law enforcement investigative reports nor the testimony of a law enforcement officer may be subject to a civil or administrative subpoena except ...
- Section 12-21-4 Taking of affidavits outside state
Affidavits required in the commencement or progress of any action or judicial proceedings may be taken without this state before any commissioner appointed by ...
- Section 12-21-5 Copy of hospital records - Admissibility
When the original would be admissible in any case or proceeding in a court in the state, a certified copy of the hospital records ...
- Section 12-21-6 Copy of hospital records - Subpoena duces tecum; inspection; form; weight
(a) A certified copy of said hospital records may be procured by any litigant in any court of competent jurisdiction in the state by ...
- Section 12-21-6.1 Reproduction and delivery of medical records
(a) The following words and phrases used in this section shall have the following meanings: (1) ACTUAL COSTS. The cost of material and supplies ...
- Section 12-21-7 Copy of hospital records - Certificate of custodian
The certificate of the custodian of the hospital records provided for in Sections 12-21-5 and 12-21-6 shall show the name of the parties to ...
- Section 12-21-8 Destruction of exhibits offered and received in evidence
The registers and clerks of the circuit courts of this state are authorized to and may destroy all exhibits offered and received in evidence ...
- Section 12-21-9 Exclusion of audience where evidence vulgar, etc
In all civil cases sounding in damages involving the question of rape, assault with intent to ravish, seduction, divorce or any other case where ...
- Section 12-21-10 Division cumulative as to proof of documents or records
The mode or manner of authenticating or proving any documents or records provided for in this division shall not be held to be exclusive ...
- Section 12-21-11 Applicability of provisions regulating admissibility or proof of facts
Any provision of this division regulating the admissibility or proof of facts in any proceeding shall apply only if the admissibility or proof of ...
- Section 12-21-12 Proof by substantial evidence required; scintilla rule abolished; higher standard of proof; substantial evidence defined; application
(a) In all civil actions brought in any court of the State of Alabama, proof by substantial evidence shall be required to submit an ...
- Section 12-21-13 Physical evidence not precluded from jury or court because of break in chain of custody
Physical evidence connected with or collected in the investigation of a crime shall not be excluded from consideration by a jury or court due ...
- Division 2 Competency and Admissibility.
- Section 12-21-30 Declarations of deceased persons as to ancient rights
Hearsay evidence as to declarations of deceased persons as to ancient rights made before the litigation arose are admissible to prove matters of public ...
- Section 12-21-31 Written settlements for composition of debts
All settlements in writing made in good faith for the composition of debts must be taken as evidence and held to operate according to ...
- Section 12-21-32 Books of account kept by deceased executor, etc
Books of account kept by a deceased executor, administrator, guardian or trustee or entries or memoranda made by him in the course of business ...
- Section 12-21-33 Parol to show writing void
Parol evidence is admissible to show that a writing was originally void or has subsequently become so. ...
- Section 12-21-34 Certificate of public officer on nonexistence of record or entry of such
The certificate of any public officer or his deputy that he has made diligent search of the registers, books, papers and records in his ...
- Section 12-21-35 Certified transcripts of official governmental books, etc.; duty to furnish
(a) All transcripts of books or papers, or parts thereof, required by law to be kept in the office, custody or control of any ...
- Section 12-21-36 Certified copies of surveyor general's books, etc
The books, maps and field notes of the surveyor general of the United States for the State of Alabama deposited in the office of ...
- Section 12-21-37 Private legislative acts
All private acts of the legislature of this or any other state of the United States may be given in evidence without being specially ...
- Section 12-21-38 Copies of proceedings and judgments of foreign courts not of record
Copies of the proceedings and judgments of any court not of record of any state or territory in the United States or of the ...
- Section 12-21-39 Handwriting - Evidence for comparison
In any proceeding before a court or judicial officer of the state where the genuineness of the handwriting of any person may be involved, ...
- Section 12-21-40 Handwriting - Comparison of disputed writing with genuine
Comparison of a disputed writing with any writing admitted to be genuine or proven to the reasonable satisfaction of the court to be genuine ...
- Section 12-21-41 Evidence of title to lands
Copies of the field notes of the original government surveys of lands or other evidences of title to lands furnished by the Secretary of ...
- Section 12-21-42 Books of account as proof of accounts
The books of account of any manufacturer, merchant, shopkeeper, physician or other person doing a regular business and keeping daily entries thereof may be ...
- Section 12-21-43 Writings or records made in regular course of business - Originals
Any writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of any ...
- 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
(a) Any writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of ...
- Section 12-21-45 Evidence that medical or hospital expenses to be paid or reimbursed admissible as competent evidence
(a) In all civil actions where damages for any medical or hospital expenses are claimed and are legally recoverable for personal injury or death, ...
- Division 3 Authentication of Documents, Proof of Facts, etc.
- Section 12-21-60 Proof of written instrument's execution by maker
The execution of any instrument of writing attested by witnesses may be proved by the testimony of the maker thereof, without producing or accounting ...
- Section 12-21-61 Subscribing witnesses - When must be produced
The subscribing witness to prove execution of private documents must be produced in all cases except the following, unless otherwise specially provided: (1) Ancient ...
- Section 12-21-62 Subscribing witnesses - Proof of execution when dead, etc
Whenever the subscribing witnesses to an instrument in writing are dead, insane, incompetent or are without the state or their residence is unknown or, ...
- Section 12-21-63 Accounting for alteration in writing introduced as genuine
The party producing a writing as genuine which has been altered or appears to have been altered after its execution in a part material ...
- Section 12-21-64 Proof of laws of foreign countries
The existence and tenor or effect of the laws of any foreign country may be proved as facts by parol evidence, but if it ...
- Section 12-21-65 Proof of unwritten or common law of other states and territories
The unwritten or common law of any other state of the United States, or of the territories thereof, may be proved as facts by ...
- Section 12-21-66 Proof of land office deeds or written instruments for conveyance or sale of land
Any deed or written instrument for the conveyance or sale of land purchased or entered at any land office of the United States in ...
- Section 12-21-67 Proof of exemplifications or copies of records, etc., kept in public office
Exemplifications or copies of records and records of deeds and other instruments or of office books, or parts thereof, and official bonds which are ...
- Section 12-21-68 Proof of publication of notice
The publication of any notice in a newspaper, when required by law or by order of court, may be proved by the production of ...
- Section 12-21-69 Proof of posting of notice
The posting of any notice required by law or the order of any court may be proved by filing a copy of the notice ...
- Section 12-21-70 Authentication of foreign state, territory or country's legislative acts; effect thereof
The acts of the legislature of any state or territory or of any country subject to the jurisdiction of the United States shall be ...
- Section 12-21-71 Authentication of foreign state, territory or country's public records or books; effect thereof
All records and exemplifications of books which may be kept in any public office of any state or territory or of any country subject ...
- Section 12-21-72 Authentication of paper or document by bureau or department head
The certificate of the head of any bureau or department of the general government is sufficient authentication of any paper or document appertaining to ...
- Section 12-21-73 Additional or alternative mode of proof of certain official documents
As an additional or alternative mode of proof, the following documents may be proved as follows: (1) Acts of the executive of this state, ...
- Division 4 Weight and Sufficiency.
- Section 12-21-90 Official notice of armed forces death
A written notice or communication purportedly from the Department of Defense, the Adjutant General of the Army, the Secretary of the Navy or other ...
- Section 12-21-91 Official report of person missing, etc.; presumption of signer's authority
(a) An official written report or record, or duly certified copy thereof, that a person is missing, missing in action, interned in a neutral ...
- Section 12-21-92 Secretary of State's publication of foreign interest rates
The Secretary of State must cause to be printed in the pamphlet acts of each session of the Legislature the rate of interest of ...
- Section 12-21-93 Statutes of other states and territories
The printed statute books of the several states and territories of the United States, purporting to be printed under the authority of those states ...
- Section 12-21-94 Transcripts of congressional acts and foreign statutes
Transcripts of Acts of Congress or of the statutes of any other state or territory of the United States, certified by the Secretary of ...
- Section 12-21-95 Municipal ordinances, bylaws and resolutions
Ordinances, bylaws and resolutions purporting to be published by authority of the council or other governing body in book or pamphlet form and any ...
- Section 12-21-96 Land patents
Land patents issued by the United States, or any state of the United States, and tract books kept in the probate offices of the ...
- Section 12-21-97 Pre-1879 documents or certified copies executed by Governor as evidence of sale or transfer of state lands
(a) All documents executed prior to February 12, 1879, by the Governor, in person or in his name by his secretary, purporting to convey ...
- Section 12-21-98 Certificates and transcripts as evidence of land title and facts
All certificates issued pursuant to any Act of Congress by any county commission, register of a land office or by anyone authorized by law ...
- Section 12-21-99 Recitals in sheriff's deed
The recitals in a sheriff's deed of a judgment, an execution, a levy and a sale thereunder, or of any one or more of ...
- Section 12-21-100 Judgments
A judgment is admissible between any parties to show the fact of the entry or rendition thereof; between parties and privies thereto it is ...
- Section 12-21-101 Certified registers of marriages, births and deaths
Registers of marriages, births and deaths, kept in pursuance of law or any rule of a church or religious society may be certified by ...
- Section 12-21-102 Copies of letters testamentary, administration and guardianship
Copies of letters testamentary and of administration and guardianship shall be primary evidence of the fact of administration and guardianship to the same extent ...
- Section 12-21-103 Transcribed records
Whenever the records of a county or of any court or office, or any part thereof, shall be transcribed in pursuance of law, the ...
- Section 12-21-104 Copies of required official bonds, etc., and transcripts
Copies of official bonds or other instruments or papers, required to be kept by any officer of this state and transcripts from the books ...
- Section 12-21-105 Certificate of notary, etc., as to presentment for acceptance, etc., of instrument governed by commercial law
The certificate of a notary public under his hand and seal of office or of any other authorized person under his hand and seal ...
- Section 12-21-106 Official entry on paper as evidence of registry
The official entry of the proper officer on a paper shall be sufficient evidence of its registry. ...
- Section 12-21-107 When certified copy good secondary evidence
If the original of any paper properly registered is lost or destroyed, a certified copy from the registry shall be deemed good secondary evidence. ...
- Section 12-21-108 Historical works, etc., as evidence of facts of general notoriety and interest
Historical works, books of science or art and published maps or charts, when made by persons indifferent between the parties, are prima facie evidence ...
- Section 12-21-109 Effect of written receipts, releases, discharges, and judgments entered pursuant to pro tanto settlements generally
All receipts, releases and discharges in writing, whether of a debt of record, a contract under seal or otherwise, and all judgments entered pursuant ...
- Section 12-21-110 Receipts for money
Receipts for money are always only prima facie evidence of payment and may be denied or explained by parol evidence. ...
- Section 12-21-111 Verified itemized statement as evidence of account's correctness
In all actions upon accounts, an itemized statement of the account, verified by the affidavit of a competent witness, taken before and certified by, ...
- Section 12-21-112 Written contract as evidence of debt or duty; impeachment thereof
Every written contract, the foundation of the action, purporting to be executed by the party sought to be charged, his partner, agent or attorney-in-fact, ...
- Section 12-21-113 Price current and commercial lists
Price current and commercial lists, printed at any commercial mart, are presumptive evidence of the value of any article of merchandise specified therein, at ...
- Section 12-21-114 Market value testimony
Direct testimony as to the market value is in the nature of opinion evidence; one need not be an expert or dealer in the ...
- Division 2 Witnesses.
- Division 1 Generally.
- Section 12-21-130 Interpreters generally
Interpreters may be sworn to interpret truly, when necessary, and must be paid as witnesses in the case. ...
- 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
(a) "Deaf person" means any person either totally deaf, or who has defective hearing, or who has both defective hearing and speech. (b) For ...
- Section 12-21-132 Interpreters for persons defective in speech and/or hearing - How furnished
The presiding judge before whose court a case involving such handicapped person or persons described in Section 12-21-131, when requested to do so as ...
- Section 12-21-133 Interpreters for persons defective in speech and/or hearing - Duty of handicapped person; provisions cumulative
It shall be the duty of any handicapped person described in Section 12-21-131 who desires the services of an interpreter as provided in Section ...
- Section 12-21-134 Interpreters for persons defective in speech and/or hearing - Compensation and expenses
The compensation of any interpreter who is called upon for service in any legal litigation as described in Section 12-21-131 shall be fixed at ...
- Section 12-21-135 How testimony given
All testimony, except as otherwise directed, must be given in open court on the oath or affirmation of the witness. ...
- Section 12-21-136 Oath or affirmation for oral testimony
The sanction of an oath, or affirmation equivalent thereto, is necessary to the reception of any oral testimony. The court may frame such affirmation ...
- Section 12-21-137 Right of cross-examination
The right of cross-examination, thorough and sifting, belongs to every party as to the witnesses called against him. If several parties to the same ...
- Section 12-21-138 Leading questions
Leading questions are generally allowed in cross-examinations and only in these, but the court may exercise a discretion in granting the right to the ...
- Section 12-21-139 Disclosure of evidence sought by objected-to question
In the examination of witnesses and the introduction of evidence, it shall not be necessary to state or disclose to the court the substance ...
- Section 12-21-140 Motion to exclude answer unnecessary
Where there is an objection to a question propounded to a witness in the trial of any case and the objection is overruled, it ...
- Section 12-21-141 Right of witness to be protected
It is the right of a witness to be protected from improper questions and from harsh or insulting demeanor. ...
- Section 12-21-142 Exemption of news-gathering persons from disclosing sources
No person engaged in, connected with or employed on any newspaper, radio broadcasting station or television station, while engaged in a news-gathering capacity, shall ...
- Section 12-21-143 Failure of witnesses to testify
(a) Any witness refusing to testify, unless privileged by law from testifying in the case, must be committed to the jail of the county, ...
- Section 12-21-144 Taxation of costs for taking of depositions
The costs of any deposition introduced, in whole or in part, into evidence at the trial by the party taking it shall be taxed ...
- Section 12-21-145 Applicability of provisions regulating admissibility or proof of facts
Any provision of this division regulating the admissibility or proof of facts in any proceeding shall apply only if the admissibility or proof of ...
- Section 12-21-146 Definition of "physician" extended
(a) For the purpose of the use of deposition testimony in any court proceeding in any civil action, the term "physician" as used in ...
- Division 2 Competency.
- Section 12-21-160 Expert witnesses
The opinions of experts on any question of science, skill, trade or like questions are always admissible, and such opinions may be given on ...
- Section 12-21-161 Testimony of attorney, etc., for or against client
No attorney or his clerk shall be competent or compelled to testify in any court in this state for or against the client as ...
- Section 12-21-162 Witness convicted of crime
(a) No objection must be allowed to the competency of a witness because of his conviction for any crime, except perjury or subornation of ...
- Section 12-21-163 Witness having interest
In civil actions and proceedings, there must be no exclusion of any witness because he is a party or interested in the issue tried, ...
- Section 12-21-164 Deceased borrower's representative as usury witness
When the borrower is dead and usury is relied on as a defense, the representative of the borrower, having given 10 days' notice to ...
- Section 12-21-165 Incompetent witnesses
(a) Persons who have not the use of reason, such as idiots, lunatics during lunacy and children who do not understand the nature of ...
- Section 12-21-166 Confidentiality of communications with clergymen
(a) As used in this section, unless a contrary meaning is clearly intended from the context in which the term appears, the following terms ...
- Division 3 Attendance.
- Section 12-21-180 Subpoenas for witnesses
(a) At the request of any party to a pending case, or the attorney of a party, the clerk of the court must issue ...
- Section 12-21-181 Compelling of appearance and testimony of expert witnesses
A witness who is an expert in any art, science, trade or profession may be compelled to appear and testify to an opinion as ...
- Section 12-21-182 Proceedings upon failure of subpoenaed witness to attend and remain
(a) Any witness who, after being subpoenaed, fails to attend pursuant to the mandate of the subpoena and remain until his testimony is given ...
- Section 12-21-183 Execution of warrants for witnesses and other process in adjoining counties
The sheriff, his deputy or any person specially deputed by a court of record may execute all warrants of arrest, attachments, subpoenas, etc., for ...
- Section 12-21-184 Securing attendance of witnesses until case disposed of
In all civil cases where the case is not decided at the first session, witnesses who have been served with subpoenas must not again ...
- Article 2 Criminal Cases.
- Division 1 General Provisions.
- Section 12-21-200 Proof of intent to injure, defraud or cheat
When an intent to injure, defraud or cheat is necessary to be shown in order to constitute the offense, it is sufficient if such ...
- Section 12-21-201 When proof of incorporation necessary
In the trial of criminal cases it shall not be necessary for the state to prove the incorporation of any corporation mentioned in the ...
- Section 12-21-202 Exclusion of audience where evidence vulgar, etc
In all prosecutions for rape and assault with intent to ravish, the court may, in its discretion, exclude from the courtroom all persons, except ...
- Section 12-21-203 Admissibility of evidence relating to past sexual behavior of complaining witness in prosecutions for criminal sexual conduct
(a) As used in this section, unless the context clearly indicates otherwise, the following words and phrases shall have the following respective meanings: (1) ...
- 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
On the trial of all indictments, complaints or other criminal proceedings, the person on trial shall, at his own request, but not otherwise, be ...
- Section 12-21-221 Witness having pecuniary interest in case
There shall be no exclusion of a witness in a criminal case because, on conviction of the defendant, he may be entitled to a ...
- Section 12-21-222 Accomplice's testimony for felony conviction
A conviction of felony cannot be had on the testimony of an accomplice unless corroborated by other evidence tending to connect the defendant with ...
- Section 12-21-223 Discharged codefendant as witness for prosecution
When two or more defendants are jointly indicted, the court may, at any time before the evidence for the defense has commenced, order any ...
- Section 12-21-224 Acquitted codefendant as witness
When two or more defendants are jointly indicted, the court may direct a verdict of acquittal to be entered in favor of any one ...
- Section 12-21-225 Testimony for state or defendant by convict
(a) The presiding judge of any circuit court or district court having reason to believe that the testimony of any convict serving a sentence ...
- Section 12-21-226 Wife against husband in abandonment cases
In all cases where a husband is charged with abandoning his family and leaving them in danger of becoming a burden to the public, ...
- Section 12-21-227 Husband and wife for or against one another
The husband and wife may testify either for or against each other in criminal cases, but shall not be compelled so to do. ...
- Division 2 Attendance.
- Section 12-21-240 Attendance of witnesses - Generally
Witnesses must be subpoenaed to attend court on the day on which the case is set for trial in which they are subpoenaed as ...
- Section 12-21-241 Attendance of witnesses - Where case continued
Where a case has been continued, it shall be the duty of the clerk of the circuit court or district court to issue a ...
- Section 12-21-242 Attendance of witnesses - On remand for new trial
Where a case has been remanded by the appropriate appellate court for a new trial, the clerk of the court to which said case ...
- Section 12-21-243 Subpoena of witnesses - Grand jury appearance
It shall be the duty of the clerk of the circuit court to issue subpoenas for any necessary witnesses to be and appear before ...
- Section 12-21-244 Subpoena of witnesses - Trial appearance
(a) No subpoena must be issued in a criminal case unless the defendant is in custody or has given bail to answer the charge. ...
- Section 12-21-245 Subpoena of witnesses - Authority of district attorney
The district attorney also has authority to issue subpoenas for witnesses on the part of the state, to appear either before the grand jury ...
- Section 12-21-246 Subpoena of witnesses - Execution
(a) In criminal cases, at the request of the state, or the defendant or the defendant's attorney, the clerk of the court must issue ...
- Section 12-21-247 Conditional judgment against defaulting witnesses - Entry
Any witness who is duly summoned in a criminal case and who fails to appear as commanded shall forfeit $100.00 to the party at ...
- Section 12-21-248 Conditional judgment against defaulting witnesses - Notice; when made absolute
Where a conditional judgment has been entered against a defaulting witness in a criminal case, if he does not appear before the docket then ...
- Section 12-21-249 Conditional judgment against defaulting witnesses - Effect of two notices returned "not found."
If two notices of the entry of such conditional judgment are returned "not found" by the proper officer, such returns are equivalent to personal ...
- Division 3 Depositions.
- Section 12-21-263 Taking testimony of convict in penitentiary on interrogatories by defendant
The defendant in any criminal prosecution may take the testimony of any convict in the penitentiary on interrogatories and notice as in other cases ...
- Section 12-21-264 Taking of deposition or videotaped deposition when victim or witness unavailable because of exceptional circumstances
(a) In any criminal prosecution, the court may, upon motion of the district attorney, the defense, or the court, for good cause shown and ...
- Division 4 Securing Attendance of Out-of-State Witnesses.
- Section 12-21-280 Short title
This subdivision may be cited as the "Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings." ...
- Section 12-21-281 Definitions
As used in this subdivision, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) WITNESS. ...
- 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
(a) If a judge in a court of record in any state which, by its laws, has made provision for commanding persons within that ...
- 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
(a) If a person in any state which, by its laws, has made provision for commanding persons within its borders 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
(a) If a person comes into this state in obedience to a summons directing him to attend and testify in this state, he shall ...
- Section 12-21-285 Construction of subdivision
This subdivision shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact ...
- Division 5 Certificate of Analysis.
- Section 12-21-300 Offering of certificate of analysis in lieu of testimony
(a) In any criminal case, or juvenile or family court case which is of a criminal nature, the prosecuting authority may offer a certificate ...
- Section 12-21-301 Notice of intent to offer proof by certificate of analysis
The party seeking to introduce a certificate of analysis shall not less than 40 days prior to the commencement of the hearing or trial, ...
- Section 12-21-302 Request for hearing to show cause why subpoena should be issued for cross-examination
(a) The party against whom the certificate is offered may request, not later than 30 days prior to the commencement of the hearing or ...
- Section 12-21-303 When subdivision not applicable
This subdivision shall not apply where the defendant is charged with an offense punishable by death, nor shall this subdivision apply to the offenses ...
