There is a newer version of the Code of Alabama
2009 Alabama Code
Title 12 — COURTS.
Chapter 21 — 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 disabled 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.
Disclaimer: These codes may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.