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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,...
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...
Section 12-21-3 - Compelling Books, etc., to Be Produced; Parol in Lieu Thereof. - The court may, upon affidavit of their necessity and materiality,...
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...
Section 12-21-4 - Taking of Affidavits Outside State. - Affidavits required in the commencement or progress of any action...
Section 12-21-5 - Copy of Hospital Records - Admissibility. - When the original would be admissible in any case or...
Section 12-21-6 - Copy of Hospital Records - Subpoena Duces Tecum; Inspection; Form; Weight. - (a) A certified copy of said hospital records may be...
Section 12-21-6.1 - Reproduction and Delivery of Medical Records. - (a) The following words and phrases used in this section...
Section 12-21-7 - Copy of Hospital Records - Certificate of Custodian. - The certificate of the custodian of the hospital records provided...
Section 12-21-8 - Destruction of Exhibits Offered and Received in Evidence. - The registers and clerks of the circuit courts of this...
Section 12-21-9 - Exclusion of Audience Where Evidence Vulgar, Etc. - In all civil cases sounding in damages involving the question...
Section 12-21-10 - Division Cumulative as to Proof of Documents or Records. - The mode or manner of authenticating or proving any documents...
Section 12-21-11 - Applicability of Provisions Regulating Admissibility or Proof of Facts. - Any provision of this division regulating the admissibility or proof...
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...
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...
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...
Section 12-21-31 - Written Settlements for Composition of Debts. - All settlements in writing made in good faith for the...
Section 12-21-32 - Books of Account Kept by Deceased Executor, Etc. - Books of account kept by a deceased executor, administrator, guardian...
Section 12-21-33 - Parol to Show Writing Void. - Parol evidence is admissible to show that a writing was...
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...
Section 12-21-35 - Certified Transcripts of Official Governmental Books, etc.; Duty to Furnish. - (a) All transcripts of books or papers, or parts thereof,...
Section 12-21-36 - Certified Copies of Surveyor General's Books, Etc. - The books, maps and field notes of the surveyor general...
Section 12-21-37 - Private Legislative Acts. - All private acts of the legislature of this or any...
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...
Section 12-21-39 - Handwriting - Evidence for Comparison. - In any proceeding before a court or judicial officer of...
Section 12-21-40 - Handwriting - Comparison of Disputed Writing With Genuine. - Comparison of a disputed writing with any writing admitted to...
Section 12-21-41 - Evidence of Title to Lands. - Copies of the field notes of the original government surveys...
Section 12-21-42 - Books of Account as Proof of Accounts. - The books of account of any manufacturer, merchant, shopkeeper, physician...
Section 12-21-43 - Writings or Records Made in Regular Course of Business - Originals. - Any writing or record, whether in the form of an...
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...
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...
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...
Section 12-21-61 - Subscribing Witnesses - When Must Be Produced. - The subscribing witness to prove execution of private documents must...
Section 12-21-62 - Subscribing Witnesses - Proof of Execution When Dead, Etc. - Whenever the subscribing witnesses to an instrument in writing are...
Section 12-21-63 - Accounting for Alteration in Writing Introduced as Genuine. - The party producing a writing as genuine which has been...
Section 12-21-64 - Proof of Laws of Foreign Countries. - The existence and tenor or effect of the laws of...
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...
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...
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...
Section 12-21-68 - Proof of Publication of Notice. - The publication of any notice in a newspaper, when required...
Section 12-21-69 - Proof of Posting of Notice. - The posting of any notice required by law or the...
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...
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...
Section 12-21-72 - Authentication of Paper or Document by Bureau or Department Head. - The certificate of the head of any bureau or department...
Section 12-21-73 - Additional or Alternative Mode of Proof of Certain Official Documents. - As an additional or alternative mode of proof, the following...
Division 3.5 - Alabama Uniform Unsworn Foreign Declarations Act.
Section 12-21-80 - Short Title. - This subdivision may be cited as the Alabama Uniform Unsworn...
Section 12-21-81 - Definitions. - In this subdivision: (1) "Boundaries of the United States" means...
Section 12-21-82 - Applicability. - This subdivision applies to an unsworn declaration by a declarant...
Section 12-21-83 - Validity of Unsworn Declaration. - (a) Except as otherwise provided in subsection (b), if a...
Section 12-21-84 - Required Medium. - If a law of this state requires that a sworn...
Section 12-21-85 - Form of Unsworn Declaration. - An unsworn declaration under this subdivision must be in substantially...
Section 12-21-86 - Uniformity of Application and Construction. - In applying and construing this uniform act, consideration must be...
Section 12-21-87 - Relation to Electronic Signatures in Global and National Commerce Act. - This subdivision modifies, limits, and supersedes the federal Electronic Signatures...
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...
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...
Section 12-21-92 - Secretary of State's Publication of Foreign Interest Rates. - Repealed by Act 2015-70 effective April 21, 2015.
Section 12-21-93 - Statutes of Other States and Territories. - The printed statute books of the several states and territories...
Section 12-21-94 - Transcripts of Congressional Acts and Foreign Statutes. - Transcripts of Acts of Congress or of the statutes of...
Section 12-21-95 - Municipal Ordinances, Bylaws, and Resolutions. - Ordinances, bylaws and resolutions purporting to be published by authority...
Section 12-21-96 - Land Patents. - Land patents issued by the United States, or any state...
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...
Section 12-21-98 - Certificates and Transcripts as Evidence of Land Title and Facts. - All certificates issued pursuant to any Act of Congress by...
Section 12-21-99 - Recitals in Sheriff's Deed. - The recitals in a sheriff's deed of a judgment, an...
Section 12-21-100 - Judgments. - A judgment is admissible between any parties to show the...
Section 12-21-101 - Certified Registers of Marriages, Births, and Deaths. - Registers of marriages, births and deaths, kept in pursuance of...
Section 12-21-102 - Copies of Letters Testamentary, Administration, and Guardianship. - Copies of letters testamentary and of administration and guardianship shall...
Section 12-21-103 - Transcribed Records. - Whenever the records of a county or of any court...
Section 12-21-104 - Copies of Required Official Bonds, etc., and Transcripts. - Copies of official bonds or other instruments or papers, required...
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...
Section 12-21-106 - Official Entry on Paper as Evidence of Registry. - The official entry of the proper officer on a paper...
Section 12-21-107 - When Certified Copy Good Secondary Evidence. - If the original of any paper properly registered is lost...
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...
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...
Section 12-21-110 - Receipts for Money. - Receipts for money are always only prima facie evidence of...
Section 12-21-111 - Verified Itemized Statement as Evidence of Account's Correctness. - In all actions upon accounts, an itemized statement of the...
Section 12-21-112 - Written Contract as Evidence of Debt or Duty; Impeachment Thereof. - Every written contract, the foundation of the action, purporting to...
Section 12-21-113 - Price Current and Commercial Lists. - Price current and commercial lists, printed at any commercial mart,...
Section 12-21-114 - Market Value Testimony. - Direct testimony as to the market value is in the...
Division 2 - Witnesses.
Section 12-21-130 - Interpreters Generally. - Interpreters may be sworn to interpret truly, when necessary, and...
Section 12-21-131 - Interpreters for Persons Defective in Speech And/or Hearing - Qualified Interpreter Provided in Certain Criminal and Juvenile Proceedings; Requirements; Fees. - (a) Deaf person means any person either totally deaf, or...
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...
Section 12-21-133 - Interpreters for Persons Defective in Speech And/or Hearing - Duty of Disabled Person; Provisions Cumulative. - It shall be the duty of any handicapped person described...
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...
Section 12-21-135 - How Testimony Given. - All testimony, except as otherwise directed, must be given in...
Section 12-21-135.1 - Video Testimony by Certain Witnesses. - (a) This section shall be known as the "Alabama Armed...
Section 12-21-136 - Oath or Affirmation for Oral Testimony. - The sanction of an oath, or affirmation equivalent thereto, is...
Section 12-21-137 - Right of Cross-Examination. - The right of cross-examination, thorough and sifting, belongs to every...
Section 12-21-138 - Leading Questions. - Leading questions are generally allowed in cross-examinations and only in...
Section 12-21-139 - Disclosure of Evidence Sought by Objected-to Question. - In the examination of witnesses and the introduction of evidence,...
Section 12-21-140 - Motion to Exclude Answer Unnecessary. - Where there is an objection to a question propounded to...
Section 12-21-141 - Right of Witness to Be Protected. - It is the right of a witness to be protected...
Section 12-21-142 - Exemption of News-Gathering Persons From Disclosing Sources. - No person engaged in, connected with or employed on any...
Section 12-21-143 - Failure of Witnesses to Testify. - (a) Any witness refusing to testify, unless privileged by law...
Section 12-21-144 - Taxation of Costs for Taking of Depositions. - The costs of any deposition introduced, in whole or in...
Section 12-21-145 - Applicability of Provisions Regulating Admissibility or Proof of Facts. - Any provision of this division regulating the admissibility or proof...
Section 12-21-146 - Definition of "Physician" Extended. - (a) For the purpose of the use of deposition testimony...
Section 12-21-147 - Use of Registered Therapy Dog in Certain Legal Proceedings. - (a) For purposes of this section, the following terms shall...
Section 12-21-148 - Use of Certified Facility Dog in Certain Legal Proceedings. - (a) For the purposes of this section, the following terms...
Division 2 - Competency.
Section 12-21-160 - Expert Witnesses. - (a) Generally. If scientific, technical, or other specialized knowledge will...
Section 12-21-161 - Testimony of Attorney, etc., for or Against Client. - No attorney or his clerk shall be competent or compelled...
Section 12-21-162 - Witness Convicted of Crime. - (a) No objection must be allowed to the competency of...
Section 12-21-163 - Witness Having Interest. - In civil actions and proceedings, there must be no exclusion...
Section 12-21-164 - Deceased Borrower's Representative as Usury Witness. - When the borrower is dead and usury is relied on...
Section 12-21-165 - Incompetent Witnesses. - (a) Persons who have not the use of reason, such...
Section 12-21-166 - Confidentiality of Communications With Clergymen. - (a) As used in this section, unless a contrary meaning...
Division 3 - Attendance.
Section 12-21-180 - Subpoenas for Witnesses. - (a) At the request of any party to a pending...
Section 12-21-181 - Compelling of Appearance and Testimony of Expert Witnesses. - A witness who is an expert in any art, science,...
Section 12-21-182 - Proceedings Upon Failure of Subpoenaed Witness to Attend and Remain. - (a) Any witness who, after being subpoenaed, fails to attend...
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...
Section 12-21-184 - Securing Attendance of Witnesses Until Case Disposed Of. - In all civil cases where the case is not decided...
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...
Section 12-21-201 - When Proof of Incorporation Necessary. - In the trial of criminal cases it shall not be...
Section 12-21-202 - Exclusion of Audience Where Evidence Vulgar, Etc. - In all prosecutions for rape and assault with intent to...
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...
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...
Section 12-21-221 - Witness Having Pecuniary Interest in Case. - There shall be no exclusion of a witness in a...
Section 12-21-222 - Accomplice's Testimony for Felony Conviction. - A conviction of felony cannot be had on the testimony...
Section 12-21-223 - Discharged Codefendant as Witness for Prosecution. - When two or more defendants are jointly indicted, the court...
Section 12-21-224 - Acquitted Codefendant as Witness. - When two or more defendants are jointly indicted, the court...
Section 12-21-225 - Testimony for State or Defendant by Convict. - (a) The presiding judge of any circuit court or district...
Section 12-21-226 - Wife Against Husband in Abandonment Cases. - In all cases where a husband is charged with abandoning...
Section 12-21-227 - Husband and Wife for or Against One Another. - The husband and wife may testify either for or against...
Division 2 - Attendance.
Section 12-21-240 - Attendance of Witnesses - Generally. - Witnesses must be subpoenaed to attend court on the day...
Section 12-21-241 - Attendance of Witnesses - Where Case Continued. - Where a case has been continued, it shall be the...
Section 12-21-242 - Attendance of Witnesses - on Remand for New Trial. - Where a case has been remanded by the appropriate appellate...
Section 12-21-243 - Subpoena of Witnesses - Grand Jury Appearance. - It shall be the duty of the clerk of the...
Section 12-21-244 - Subpoena of Witnesses - Trial Appearance. - (a) No subpoena must be issued in a criminal case...
Section 12-21-245 - Subpoena of Witnesses - Authority of District Attorney. - The district attorney also has authority to issue subpoenas for...
Section 12-21-246 - Subpoena of Witnesses - Execution. - (a) In criminal cases, at the request of the state,...
Section 12-21-247 - Conditional Judgment Against Defaulting Witnesses - Entry. - Any witness who is duly summoned in a criminal case...
Section 12-21-248 - Conditional Judgment Against Defaulting Witnesses - Notice; When Made Absolute. - Where a conditional judgment has been entered against a defaulting...
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...
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...
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...
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...
Section 12-21-281 - Definitions. - As used in this subdivision, the following words and phrases...
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...
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...
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...
Section 12-21-285 - Construction of Subdivision. - This subdivision shall be so interpreted and construed as to...
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...
Section 12-21-301 - Notice of Intent to Offer Proof by Certificate of Analysis. - The party seeking to introduce a certificate of analysis shall...
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...
Section 12-21-303 - When Subdivision Not Applicable. - This subdivision shall not apply where the defendant is charged...
Article 3 - Alabama Uniform Interstate Dispositions and Discovery Act.
Section 12-21-400 - Short Title. - This article may be cited as the Alabama Uniform Interstate...
Section 12-21-401 - Definitions. - In this article: (1) "Foreign jurisdiction" means a state other...
Section 12-21-402 - Foreign Subpoena; Request; Issuance. - (a) To request issuance of a subpoena under this section,...
Section 12-21-403 - Service of Subpoena. - A subpoena issued by a clerk of court under Section...
Section 12-21-404 - Construction With Other Rules and Laws. - The Alabama Rules of Civil Procedure as well as any...
Section 12-21-405 - Application for Protective Order. - An application to the court for a protective order or...
Section 12-21-406 - Uniformity of Laws. - (a) In applying and construing this uniform act, consideration shall...
Section 12-21-407 - Application of Article. - This article applies to requests for discovery in cases pending...