There is a newer version of the Code of Alabama
2013 Code of Alabama
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.
- 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.
- 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.
- Section 12-21-80 - Short title.
- Section 12-21-81 - Definitions.
- Section 12-21-82 - Applicability.
- Section 12-21-83 - Validity of unsworn declaration.
- Section 12-21-84 - Required medium.
- Section 12-21-85 - Form of unsworn declaration.
- Section 12-21-86 - Uniformity of application and construction.
- Section 12-21-87 - Relation to electronic signatures in Global and National Commerce Act.
- 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 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.
- 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.
- 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.
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 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.
- 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."
- 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.
- 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.
- 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.
- Section 12-21-400 - Short title.
- Section 12-21-401 - Definitions.
- Section 12-21-402 - Foreign subpoena; request; issuance.
- Section 12-21-403 - Service of subpoena.
- Section 12-21-404 - Construction with other rules and laws.
- Section 12-21-405 - Application for protective order.
- Section 12-21-406 - Uniformity of laws.
- Section 12-21-407 - Application of article.
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