Title 12 — Title 12

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…

Comparison of a disputed writing with any writing admitted to be genuine or proven to the reasonable satisfaction of the court to be genuine shall be permitted to be made by witnesses who are qualified as experts or who are familiar with the handwriting of the person whose handwr…

This article may be cited as the Alabama Uniform Interstate Depositions and Discovery Act. History: (Act 2012-518, p. 1538, §1.)

In this article: (1) “Foreign jurisdiction” means a state other than this state. (2) “Foreign subpoena” means a subpoena issued in a civil action under authority of a court of record of a foreign jurisdiction. (3) “Person” means an individual, corporation, business trust, estate,…

(a) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of the circuit court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this article does not constitu…

A subpoena issued by a clerk of court under Section 12-21-402 must be served in compliance with Rule 45 of the Alabama Rules of Civil Procedure. History: (Act 2012-518, p. 1538, §4.)

The Alabama Rules of Civil Procedure as well as any applicable provision of the Code of Alabama 1975, apply to subpoenas issued under Section 12-21-402. To the extent that the provisions of Rule 28(b)(3) and subsection (c) of Rule 28 conflict with this article, those provisions a…

An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under Section 12-21-402 must comply with the rules or statutes of this state and must be submitted to the circuit court in the county in which discovery is to …

(a) In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (b) The privilege extended to persons in other states for discovery under this article shall o…

This article applies to requests for discovery in cases pending on or filed after January 1, 2013. History: (Act 2012-518, p. 1538, §8.)

Copies of the field notes of the original government surveys of lands or other evidences of title to lands furnished by the Secretary of State or by the United States, or any department thereof, to the probate judge, when certified by such judge, are admissible in evidence. Histo…

The books of account of any manufacturer, merchant, shopkeeper, physician or other person doing a regular business and keeping daily entries thereof may be admitted in evidence as proof of such accounts upon the following conditions: (1) That he kept no clerk, or else the clerk i…

Any writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of any act, transaction, occurrence or event, shall be admissible in evidence in proof of said act, transaction or event if it was made in the regular course of any busin…

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 any act, transaction, occurrence or e…

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, evidence that the plaintiff’s medical or hospital expenses have been or will be paid or reimbursed s…

When the original would be admissible in any case or proceeding in a court in the state, a certified copy of the hospital records of any hospital organized or operated under or pursuant to the laws of Alabama, including records of admission, medical, hospital, occupational, disea…

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 subpoena duces tecum, and when any such subpoena duces tecum is issued for said hospital records, the custodian of said hospital records sh…

(a) The following words and phrases used in this section shall have the following meanings: (1) ACTUAL COSTS. The cost of material and supplies used to duplicate the medical record, the labor costs, and other costs associated with duplication of the medical records. (2) PERSON. A…

The execution of any instrument of writing attested by witnesses may be proved by the testimony of the maker thereof, without producing or accounting for the absence of attesting witnesses. History: (Code 1896, §1797; Code 1907, §4006; Code 1923, §7704; Code 1940, T. 7, §418.)

The subscribing witness to prove execution of private documents must be produced in all cases except the following, unless otherwise specially provided: (1) Ancient writings which prove themselves; (2) If from any cause the witness cannot be produced or sworn; (3) Official bonds …

Whenever the subscribing witnesses to an instrument in writing are dead, insane, incompetent or are without the state or their residence is unknown or, being produced, they do not recollect the transaction, then proof of the actual signing by, or of the handwriting of, the allege…

The party producing a writing as genuine which has been altered or appears to have been altered after its execution in a part material to the question in dispute must account for the appearance or alteration. He may show that the alteration was made by another, without his concur…

The existence and tenor or effect of the laws of any foreign country may be proved as facts by parol evidence, but if it shall appear that the law in question is contained in a written statute or code, the court may, in its discretion, reject any evidence of such law which is not…