Title 12 — Title 12

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 witnesses or any other process issued by a court of record, during trial or within three days before trial, in any adjoinin…

In all civil cases where the case is not decided at the first session, witnesses who have been served with subpoenas must not again be summoned by the clerk for further attendance, unless otherwise directed by the party originally summoning them, but such witnesses are bound to a…

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 possession of any person resident in this state who is not a party to the case, the clerk of the court in which the case is pending shall, upon applicat…

When an intent to injure, defraud or cheat is necessary to be shown in order to constitute the offense, it is sufficient if such intent be to injure, defraud or cheat the United States, this state or any other state, or any public officer thereof, or any county, city, town, corpo…

In the trial of criminal cases it shall not be necessary for the state to prove the incorporation of any corporation mentioned in the indictment, complaint or information unless the defendant, within 30 days after indictment if the defendant is under bond or within 30 days after …

In all prosecutions for rape and assault with intent to ravish, the court may, in its discretion, exclude from the courtroom all persons, except such as may be necessary in the conduct of the trial; and, in all other cases where the evidence is vulgar, obscene or relates to the i…

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) COMPLAINING WITNESS. Any person alleged to be the victim…

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 a competent witness, and his failure to make such a request shall not create any presumption against him…

There shall be no exclusion of a witness in a criminal case because, on conviction of the defendant, he may be entitled to a reward or to a restoration of property or to the whole or any part of the fine or penalty inflicted. The witness may be examined touching such circumstance…

A conviction of felony cannot be had on the testimony of an accomplice unless corroborated by other evidence tending to connect the defendant with the commission of the offense, and such corroborative evidence, if it merely shows the commission of the offense or the circumstances…

When two or more defendants are jointly indicted, the court may, at any time before the evidence for the defense has commenced, order any defendant to be discharged from the indictment in order that he may be a witness for the prosecution, and such order operates as an acquittal …

When two or more defendants are jointly indicted, the court may direct a verdict of acquittal to be entered in favor of any one of them against whom there is not, in the opinion of the court, evidence to put him on his defense; and, being acquitted, he may be a witness. History: …

(a) The presiding judge of any circuit court or district court having reason to believe that the testimony of any convict serving a sentence in the penitentiary or to hard labor for the county is necessary in any criminal prosecution for the state and that other evidence cannot b…

In all cases where a husband is charged with abandoning his family and leaving them in danger of becoming a burden to the public, the wife shall be competent witness against her husband. History: (Code 1907, §7900; Code 1923, §5638; Code 1940, T. 15, §310.)

The husband and wife may testify either for or against each other in criminal cases, but shall not be compelled so to do. History: (Acts 1915, No. 826, p. 942; Code 1923, §5639; Code 1940, T. 15, §311.)

Witnesses must be subpoenaed to attend court on the day on which the case is set for trial in which they are subpoenaed as witnesses and to attend from day to day until discharged by law by the court or by the party by whom they are summoned as witnesses. Witnesses appearing on a…

Where a case has been continued, it shall be the duty of the clerk of the circuit court or district court to issue a subpoena for all witnesses in such case when it is next set, and it shall be the duty of the sheriff to execute such subpoena by summoning the witnesses named ther…

Where a case has been remanded by the appropriate appellate court for a new trial, the clerk of the court to which said case has been remanded must issue subpoenas for all the witnesses in the case in the same manner as if the case had been continued. History: (Code 1852, §666; C…

It shall be the duty of the clerk of the circuit court to issue subpoenas for any necessary witnesses to be and appear before the grand jury without application having been made for such witnesses by the grand jury. History: (Acts 1931, No. 574, p. 668; Code 1940, T. 15, §292.)

(a) No subpoena must be issued in a criminal case unless the defendant is in custody or has given bail to answer the charge. (b) If the defendant is in custody or has given bail to answer the charge, it is the duty of the clerk of the court in which the prosecution is pending, on…

The district attorney also has authority to issue subpoenas for witnesses on the part of the state, to appear either before the grand jury or before any court in his circuit. History: (Code 1852, §664; Code 1867, §4216; Code 1876, §4921; Code 1886, §4459; Code 1896, §5283; Code 1…

(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 subpoenas for witnesses whose address shall be given by the person requesting the subpoena, specifying therein the time and place for their appearan…

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 whose instance he was summoned, for which a conditional judgment must be entered against him. History: (Code 1852, §672; Code 1867, §4224; Code 1876, §49…

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 in process of being heard is completed and show a sufficient cause for his default, a notice must be issued by the clerk of t…

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 service, and the judgment may be made absolute thereon. History: (Code 1852, §674; Code 1867, §4226; Code…

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 of taking testimony by interrogatories, the convict’s answer being taken on oath and returned with the commission as in o…

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 after notice to the parties, order the taking of a deposition or a videotaped deposition of …

This subdivision may be cited as the “Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings.” History: (Acts 1977, No. 638, p. 1084, §6.)

As used in this subdivision, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) WITNESS. A person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal actio…

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 state to attend and testify in this sta…

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 in criminal proceedings …

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 not while in this state pursuant to such summons be subject to arrest or the service of…

This subdivision shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it. History: (Acts 1977, No. 638, p. 1084, §5.)

The court may, upon affidavit of their necessity and materiality, upon motion, compel, by order, either party to produce, at or before the trial, any book, paper or document in his possession or power. The order may be made upon the application of either party, upon reasonable no…

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 as provided in subsection (c). (b) Law enforcement investigative reports and related inves…

Hearsay evidence as to declarations of deceased persons as to ancient rights made before the litigation arose are admissible to prove matters of public interest in which the whole community are supposed to take interest and have knowledge. History: (Code 1907, §3961; Code 1923, §…

(a) In any criminal case, or juvenile or family court case which is of a criminal nature, the prosecuting authority may offer a certificate of analysis as described below, in lieu of direct testimony. The court shall receive as evidence the certificate of analysis from any of the…

The party seeking to introduce a certificate of analysis shall not less than 40 days prior to the commencement of the hearing or trial, give written notice to all parties of intent to offer proof by a certificate of analysis. The notice shall include a copy of the certificate of …

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 trial, a hearing to show cause why a subpoena should be issued for cross-examination of the person who performed the examin…

This subdivision shall not apply where the defendant is charged with an offense punishable by death, nor shall this subdivision apply to the offenses enumerated in Chapter 6 of Title 13A. History: (Acts 1995, No. 95-743, p. 1688, §4.)

All settlements in writing made in good faith for the composition of debts must be taken as evidence and held to operate according to the intention of the parties though no release under seal is given and no new consideration has passed. History: (Code 1852, §2283; Code 1867, §26…

Books of account kept by a deceased executor, administrator, guardian or trustee or entries or memoranda made by him in the course of business or duty are admissible evidence; and, if such book or memoranda is lost, a copy thereof, supported by the oath of the person making it, i…

Parol evidence is admissible to show that a writing was originally void or has subsequently become so. History: (Code 1907, §3963; Code 1923, §7659; Code 1940, T. 7, §371.)

The certificate of any public officer or his deputy that he has made diligent search of the registers, books, papers and records in his office and that no record or entry of a specified tenor was found to exist shall be competent evidence as to the nonexistence of such record or …

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 public officer, agent, servant or employee of any municipality, city or county of the State of Alabama or of the United States, when certified by…

The books, maps and field notes of the surveyor general of the United States for the State of Alabama deposited in the office of the Secretary of State are public archives of the state; and the Secretary of State must, upon the application of any person, furnish certified copies,…

All private acts of the legislature of this or any other state of the United States may be given in evidence without being specially pleaded. History: (Code 1852, §2296; Code 1867, §2698; Code 1876, §3051; Code 1886, §2789; Code 1896, §1820; Code 1907, §3987; Code 1923, §7685; Co…

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 District of Columbia, certified by the judge or judges, under his or their hands and seals, before whom the proceedings were had or judgments render…

In any proceeding before a court or judicial officer of the state where the genuineness of the handwriting of any person may be involved, any admitted or proved handwriting of such person shall be competent evidence as a basis for comparison by witnesses or by the jury, court or …

Affidavits required in the commencement or progress of any action or judicial proceedings may be taken without this state before any commissioner appointed by the Governor of this state, any judge or clerk of a federal court, any judge or clerk of any court of record or any notar…