reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 4 - Weight and Sufficiency. › Section 12-21-95 - Municipal Ordinances, Bylaws, and Resolutions.

Section 12-21-95
Municipal ordinances, bylaws, and resolutions.
Ordinances, bylaws and resolutions purporting to be published by authority of the council or other governing body in book or pamphlet form and any written or printed book, code or revision of the bylaws, resolutions or ordinances of any municipal corporation of this state purporting, on the face of the book or pamphlet, to be written or printed by authority or to be a code of ordinances, resolutions or bylaws of such municipal corporation or certified on such book or pamphlet under the hand of the clerk or recording officer of such corporation as being an official publication of ordinances, resolutions or bylaws of such municipal corporation and any such book or pamphlet certified by such official as correct shall be prima facie evidence of the due adoption, publication and continued existence of the bylaws, resolutions or ordinances therein written or printed or certified as correct, as of the dates mentioned or provided for therein, in any of the courts or in any legal proceedings in this state without further proof.
(Code 1896, §1822; Code 1907, §§1220, 1259, 3983; Code 1923, §§1944, 2000, 7687; Code 1940, T. 7, §369.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 4 - Weight and Sufficiency. › Section 12-21-96 - Land Patents.

Section 12-21-96
Land patents.
Land patents issued by the United States, or any state of the United States, and tract books kept in the probate offices of the counties as required by law, or certified copies of entries taken therefrom, must be received in evidence without further proof.
(Code 1852, §2297; Code 1867, §2699; Code 1876, §3052; Code 1886, §2781; Code 1896, §1812; Code 1907, §3979; Code 1923, §7675; Code 1940, T. 7, §387.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 4 - Weight and Sufficiency. › Section 12-21-97 - Pre-1879 Documents or Certified Copies Executed by Governor as Evidence of Sale or Transfer of State Lands.

Section 12-21-97
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 the Governor, in person or in his name by his secretary, purporting to convey any of the state's lands which are ineffective as patents or conveyances because of not being executed as provided by law or for any other reason and which recite either the payment of the purchase money for the lands attempted to be conveyed thereby or the deposit of a receipt or certificate of the officer authorized to receive the money acknowledging that such payment has been made shall be admissible in evidence in any case affecting the title to such lands and shall be prima facie evidence of any sale or transfer of said lands there recited and of the payment of the purchase money thereof.
(b) A duly certified copy of the record of any such document which has been recorded for as much as 10 years in the office of the probate judge of the county in which is situated the land attempted to be conveyed thereby likewise shall be admissible in evidence and shall have the same probative effect as the original document.
(Acts 1911, No. 191, p. 192; Code 1923, §§7676, 7677; Code 1940, T. 7, §§388, 389.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 4 - Weight and Sufficiency. › Section 12-21-98 - Certificates and Transcripts as Evidence of Land Title and Facts.

Section 12-21-98
Certificates and transcripts as evidence of land title and facts.
All certificates issued pursuant to any Act of Congress by any county commission, register of a land office or by anyone authorized by law to issue such certificate, upon any warrant or order of survey or for any donation or preemption claim, vest the legal title in the holder or his assignee and must be received as evidence of such title; and all transcripts of any official book, official entry or other document pertaining to any land office in this state, certified by the register of such land office, must be received as prima facie evidence of the facts contained in such transcripts so certified in all the courts of this state.
(Code 1852, §2292; Code 1867, §2691; Code 1876, §3043; Code 1886, §2782; Code 1896, §1813; Code 1907, §3980; Code 1923, §7678; Code 1940, T. 7, §390.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 4 - Weight and Sufficiency. › Section 12-21-99 - Recitals in Sheriff's Deed.

Section 12-21-99
Recitals in sheriff's deed.
The recitals in a sheriff's deed of a judgment, an execution, a levy and a sale thereunder, or of any one or more of such facts or proceedings, shall be prima facie evidence of the fact or proceeding recited. Such sheriff's deed, when properly executed, shall be received in evidence without independent proof of such fact or proceeding recited.
(Acts 1923, No. 476, p. 629; Code 1923, §7706; Code 1940, T. 7, §419.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 4 - Weight and Sufficiency. › Section 12-21-100 - Judgments.

Section 12-21-100
Judgments.
A judgment is admissible between any parties to show the fact of the entry or rendition thereof; between parties and privies thereto it is conclusive as to the matter directly in issue until reversed or set aside.
(Code 1907, §4002; Code 1923, §7700; Code 1940, T. 7, §412.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 4 - Weight and Sufficiency. › Section 12-21-101 - Certified Registers of Marriages, Births, and Deaths.

Section 12-21-101
Certified registers of marriages, births, and deaths.
Registers of marriages, births and deaths, kept in pursuance of law or any rule of a church or religious society may be certified by the custodian thereof and, when so certified, are presumptive evidence of the facts therein stated as well as of the law or rule in pursuance of which such registry was made and of the authority to certify the same.
(Code 1852, §2300; Code 1867, §2702; Code 1876, §3056; Code 1886, §2780; Code 1896, §1811; Code 1907, §3978; Code 1923, §7674; Code 1940, T. 7, §386.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 4 - Weight and Sufficiency. › Section 12-21-102 - Copies of Letters Testamentary, Administration, and Guardianship.

Section 12-21-102
Copies of letters testamentary, administration, and guardianship.
Copies of letters testamentary and of administration and guardianship shall be primary evidence of the fact of administration and guardianship to the same extent as the original letters, provided such copies of letters are duly certified from the proper record of the proper officer.
(Code 1907, §3996; Code 1923, §7694; Code 1940, T. 7, §406.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 4 - Weight and Sufficiency. › Section 12-21-103 - Transcribed Records.

Section 12-21-103
Transcribed records.
Whenever the records of a county or of any court or office, or any part thereof, shall be transcribed in pursuance of law, the copy or transcribed record shall be evidence and shall prima facie have the same force and effect as the original from which the transcript was made.
(Code 1907, §3995; Code 1923, §7693; Code 1940, T. 7, §405.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 4 - Weight and Sufficiency. › Section 12-21-104 - Copies of Required Official Bonds, etc., and Transcripts.

Section 12-21-104
Copies of required official bonds, etc., and transcripts.
Copies of official bonds or other instruments or papers, required to be kept by any officer of this state and transcripts from the books and proceedings required to be kept by any sworn officer of the state are presumptive evidence in any case and have the same effect as if the original were produced and proved, upon the certificate of the custodian thereof that it is a true copy of the original.
(Code 1852, §2295; Code 1867, §2695; Code 1876, §3047; Code 1886, §2788; Code 1896, §1819; Code 1907, §3986; Code 1923, §7684; Code 1940, T. 7, §397.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 4 - Weight and Sufficiency. › Section 12-21-105 - Certificate of Notary, etc., as to Presentment for Acceptance, etc., of Instrument Governed by Commercial Law.

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 seal of office or of any other authorized person under his hand and seal of the presentment for acceptance or demand of payment or protest for nonacceptance or nonpayment of any instrument governed by the commercial law or of service of notice of such presentment, demand or protest and the mode of giving the same and the reputed place of residence of the party to whom the same was given and the post office nearest thereto is evidence of the facts contained in such certificate.
(Code 1867, §1089; Code 1876, §1336; Code 1886, §1110; Code 1896, §3030; Code 1907, §5171; Code 1923, §9247; Code 1940, T. 40, §11.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 4 - Weight and Sufficiency. › Section 12-21-106 - Official Entry on Paper as Evidence of Registry.

Section 12-21-106
Official entry on paper as evidence of registry.
The official entry of the proper officer on a paper shall be sufficient evidence of its registry.
(Code 1907, §3999; Code 1923, §7697; Code 1940, T. 7, §409.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 4 - Weight and Sufficiency. › Section 12-21-107 - When Certified Copy Good Secondary Evidence.

Section 12-21-107
When certified copy good secondary evidence.
If the original of any paper properly registered is lost or destroyed, a certified copy from the registry shall be deemed good secondary evidence.
(Code 1907, §4000; Code 1923, §7698; Code 1940, T. 7, §410.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 4 - Weight and Sufficiency. › Section 12-21-108 - Historical Works, etc., as Evidence of Facts of General Notoriety and Interest.

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 or charts, when made by persons indifferent between the parties, are prima facie evidence of facts of general notoriety and interest.
(Code 1923, §7720; Code 1940, T. 7, §413.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 4 - Weight and Sufficiency. › Section 12-21-109 - Effect of Written Receipts, Releases, Discharges, and Judgments Entered Pursuant to Pro Tanto Settlements Generally.

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 debt of record, a contract under seal or otherwise, and all judgments entered pursuant to pro tanto settlements, must have effect according to their terms and the intentions of the parties thereto.
(Code 1852, §2282; Code 1867, §2685; Code 1876, §3039; Code 1886, §2774; Code 1896, §1805; Code 1907, §3973; Code 1923, §7669; Code 1940, T. 7, §381; Acts 1985, No. 85-517, p. 611.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 4 - Weight and Sufficiency. › Section 12-21-110 - Receipts for Money.

Section 12-21-110
Receipts for money.
Receipts for money are always only prima facie evidence of payment and may be denied or explained by parol evidence.
(Code 1907, §3964; Code 1923, §7660; Code 1940, T. 7, §372.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 4 - Weight and Sufficiency. › Section 12-21-111 - Verified Itemized Statement as Evidence of Account's Correctness.

Section 12-21-111
Verified itemized statement as evidence of account's correctness.
In all actions upon accounts, an itemized statement of the account, verified by the affidavit of a competent witness, taken before and certified by, a notary public or any officer having authority under the laws of this or another state to take and certify affidavits, is competent evidence of the correctness of the account if the plaintiff, at the time of bringing his action, files with his complaint such verified itemized statement and endorses on the complaint the fact that the account is verified by affidavit. Unless the defendant, within the time allowed him for pleading, files in the case an affidavit denying on information and belief the correctness of the account, which affidavit of the defendant shall state whether or not the defendant denies liability and whether or not he disputes the whole account or only a part or parts or an item or items thereof (if defendant disputes only a part or parts or an item or items of the account and not the whole account, he shall state in such affidavit what parts or items are disputed by him), the verified account so filed and noted by the plaintiff shall be competent evidence of the correctness of all parts and items of the account not disputed by defendant's affidavit. Any person who files a denial of the correctness of the verified account and thereby causes delay or a continuance of the case, when, on final hearing of the case, the judge of the court does not believe that the denial affidavit was made in good faith, shall be penalized in a sum not exceeding five percent of the amount of the judgment recovered, which sum shall be added to and become a part of the judgment. The presence on the affidavit of the seal of the officer purporting to take such affidavit shall be prima facie evidence of the fact that it was affixed thereto by such officer.
(Code 1886, §2773; Code 1896, §1804; Code 1907, §3970; Acts 1915, No. 541, p. 609; Code 1923, §7666; Code 1940, T. 7, §378.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 4 - Weight and Sufficiency. › Section 12-21-112 - Written Contract as Evidence of Debt or Duty; Impeachment Thereof.

Section 12-21-112
Written contract as evidence of debt or duty; impeachment thereof.
Every written contract, the foundation of the action, purporting to be executed by the party sought to be charged, his partner, agent or attorney-in-fact, is evidence of the existence of the debt or that the party undertook to perform the duty for which it was given and that it was made on sufficient consideration, but may be impeached by answer, and, when so impeached, the burden of proof is on the defendant.
(Code 1852, §2278; Code 1867, §2681; Code 1876, §3035; Code 1886, §2769; Code 1896, §1800; Code 1907, §3966; Code 1923, §7662; Code 1940, T. 7, §374.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 4 - Weight and Sufficiency. › Section 12-21-113 - Price Current and Commercial Lists.

Section 12-21-113
Price current and commercial lists.
Price current and commercial lists, printed at any commercial mart, are presumptive evidence of the value of any article of merchandise specified therein, at that place, at the date thereof and of the rate of exchange between that and other places, also of the rates of insurance, freights and the times of arrival and departure of ships and other vessels.
(Code 1852, §2299; Code 1867, §2701; Code 1876, §3055; Code 1886, §2779; Code 1896, §1810; Code 1907, §3977; Code 1923, §7673; Code 1940, T. 7, §385.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 4 - Weight and Sufficiency. › Section 12-21-114 - Market Value Testimony.

Section 12-21-114
Market value testimony.
Direct testimony as to the market value is in the nature of opinion evidence; one need not be an expert or dealer in the article, but may testify as to value if he has had an opportunity for forming a correct opinion.
(Code 1907, §3960; Code 1923, §7656; Code 1940, T. 7, §367.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 1 - Generally. › Section 12-21-130 - Interpreters Generally.

Section 12-21-130
Interpreters generally.
Interpreters may be sworn to interpret truly, when necessary, and must be paid as witnesses in the case.
(Code 1852, §2275; Code 1867, §2679; Code 1876, §3034; Code 1886, §2764; Code 1896, §1793; Code 1907, §4010; Code 1923, §7724; Code 1940, T. 7, §436.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 1 - Generally. › Section 12-21-132 - Interpreters for Persons Defective in Speech And/or Hearing - How Furnished.

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 handicapped person or persons described in Section 12-21-131, when requested to do so as provided in Section 12-21-133, must furnish said interpreter from a roster of interpreters kept by the Clerk of the Alabama Supreme Court in his office at Montgomery, Alabama, said roster being provided by and approved solely by the Alabama Association of the Deaf.
(Acts 1965, No. 799, p. 1499, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 1 - Generally. › Section 12-21-133 - Interpreters for Persons Defective in Speech And/or Hearing - Duty of Disabled Person; Provisions Cumulative.

Section 12-21-133
Interpreters for persons defective in speech and/or hearing - Duty of handicapped person; provisions cumulative.
It shall be the duty of any handicapped person described in Section 12-21-131 who desires the services of an interpreter as provided in Section 12-21-131, or his or her attorney of record to make known in writing to the presiding judge before whom such case is to be tried or heard, at least 30 days prior to or immediately upon the setting of such case, that such an interpreter is needed during the trial or hearing, so that said presiding judge can have sufficient time to comply with the provisions of Section 12-21-131, thus expediting the proceedings of said court in an orderly manner. Sections 12-21-131 through 12-21-134 shall not prevent any court from selecting and using interpreters as now provided by law, but are cumulative in providing additional means for obtaining qualified interpreters.
(Acts 1965, No. 799, p. 1499, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 1 - Generally. › Section 12-21-134 - Interpreters for Persons Defective in Speech And/or Hearing - Compensation and Expenses.

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 service in any legal litigation as described in Section 12-21-131 shall be fixed at $15.00 for each day while on active call by the presiding judge, together with actual expenses incurred by said interpreter while on active call by the presiding judge. Said compensation and expenses shall be approved by the presiding judge on proper forms prescribed by the Chief Examiner of Public Accounts, and said compensation and expenses shall be paid from the general funds of the Alabama State Treasury immediately upon presentation or filing with the state Comptroller by the claimant.
(Acts 1965, No. 799, p. 1499, §4.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 1 - Generally. › Section 12-21-135 - How Testimony Given.

Section 12-21-135
How testimony given.
All testimony, except as otherwise directed, must be given in open court on the oath or affirmation of the witness.
(Code 1852, §2301; Code 1867, §2703; Code 1876, §3057; Code 1886, §2763; Code 1896, §1792; Code 1907, §3958; Code 1923, §7654; Code 1940, T. 7, §363.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 1 - Generally. › Section 12-21-136 - Oath or Affirmation for Oral Testimony.

Section 12-21-136
Oath or affirmation for oral testimony.
The sanction of an oath, or affirmation equivalent thereto, is necessary to the reception of any oral testimony. The court may frame such affirmation according to the religious faith of the witness.
(Code 1907, §3959; Code 1923, §7655; Code 1940, T. 7, §364.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 1 - Generally. › Section 12-21-137 - Right of Cross-Examination.

Section 12-21-137
Right of cross-examination.
The right of cross-examination, thorough and sifting, belongs to every party as to the witnesses called against him. If several parties to the same case have distinct interests, each may exercise this right.
(Code 1907, §4017; Code 1923, §7731; Code 1940, T. 7, §443.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 1 - Generally. › Section 12-21-138 - Leading Questions.

Section 12-21-138
Leading questions.
Leading questions are generally allowed in cross-examinations and only in these, but the court may exercise a discretion in granting the right to the party calling the witness and in refusing it to the opposite party when, from the conduct of the witness or other reason, justice requires it.
(Code 1907, §4018; Code 1923, §7732; Code 1940, T. 7, §444.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 1 - Generally. › Section 12-21-139 - Disclosure of Evidence Sought by Objected-to Question.

Section 12-21-139
Disclosure of evidence sought by objected-to question.
In the examination of witnesses and the introduction of evidence, it shall not be necessary to state or disclose to the court the substance of the anticipated answer of the witness or of the evidence sought to be introduced by the question in order to put the court in error in its ruling on objection to the question unless the court requests that counsel disclose to the court the evidence sought by the question.
(Acts 1927, No. 550, p. 636; Code 1940, T. 7, §445.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 1 - Generally. › Section 12-21-140 - Motion to Exclude Answer Unnecessary.

Section 12-21-140
Motion to exclude answer unnecessary.
Where there is an objection to a question propounded to a witness in the trial of any case and the objection is overruled, it shall not be necessary to make a motion to exclude the answer of the witness in order to put the court in error on its ruling on such objection.
(Acts 1927, No. 550, p. 636; Code 1940, T. 7, §446.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 1 - Generally. › Section 12-21-141 - Right of Witness to Be Protected.

Section 12-21-141
Right of witness to be protected.
It is the right of a witness to be protected from improper questions and from harsh or insulting demeanor.
(Code 1907, §4016; Code 1923, §7730; Code 1940, T. 7, §442.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 1 - Generally. › Section 12-21-142 - Exemption of News-Gathering Persons From Disclosing Sources.

Section 12-21-142
Exemption of news-gathering persons from disclosing sources.
No person engaged in, connected with or employed on any newspaper, radio broadcasting station or television station, while engaged in a news-gathering capacity, shall be compelled to disclose in any legal proceeding or trial, before any court or before a grand jury of any court, before the presiding officer of any tribunal or his agent or agents or before any committee of the Legislature or elsewhere the sources of any information procured or obtained by him and published in the newspaper, broadcast by any broadcasting station, or televised by any television station on which he is engaged, connected with or employed.
(Acts 1935, No. 253, p. 649; Code 1940, T. 7, §370; Acts 1949, No. 376, p. 548.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 1 - Generally. › Section 12-21-143 - Failure of Witnesses to Testify.

Section 12-21-143
Failure of witnesses to testify.
(a) Any witness refusing to testify, unless privileged by law from testifying in the case, must be committed to the jail of the county, there to remain without bail until he consents to testify.
(b) No witness so imprisoned shall be discharged at the adjournment of the court, or afterwards, until he gives bond and surety in an amount to be prescribed by the judge of such court, to be approved by the clerk of the court, payable to the state and conditioned to appear at the next session and give evidence in the case.
(Code 1852, §§2309, 2310; Code 1867, §§2711, 2712; Code 1876, §§3066, 3067; Code 1886, §§2799, 2800; Code 1896, §§1831, 1832; Code 1907, §§4028, 4029; Code 1923, §§7742, 7743; Code 1940, T. 7, §§455, 456.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 1 - Generally. › Section 12-21-144 - Taxation of Costs for Taking of Depositions.

Section 12-21-144
Taxation of costs for taking of depositions.
The costs of any deposition introduced, in whole or in part, into evidence at the trial by the party taking it shall be taxed as costs in the case upon the certificate of the person before whom the deposition was taken; the costs of depositions in other cases shall be taxed as costs in the case only if the court so directs.
(Code 1896, §738; Code 1907, §3154; Code 1923, §6591; Code 1940, T. 7, §298.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 1 - Generally. › Section 12-21-145 - Applicability of Provisions Regulating Admissibility or Proof of Facts.

Section 12-21-145
Applicability of provisions regulating admissibility or proof of facts.
Any provision of this division regulating the admissibility or proof of facts in any proceeding shall apply only if the admissibility or proof of such facts is not governed by the Alabama Rules of Civil Procedure, or any other rule of practice as may be adopted by the Supreme Court of Alabama, or by Title 6 of this code.
(Acts 1977, No. 20, p. 28.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 1 - Generally. › Section 12-21-146 - Definition of "Physician" Extended.

Section 12-21-146
Definition of "physician" extended.
(a) For the purpose of the use of deposition testimony in any court proceeding in any civil action, the term "physician" as used in the Alabama Rules of Civil Procedure or otherwise shall include any licensed Doctor of Chiropractic and any licensed podiatrist.
(b) The provisions of this section are supplemental and shall not be construed to repeal any law not in direct conflict with this section.
(Acts 1995, No. 95-739, p. 1587, §§1, 2; Act 99-573, p. 435, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 1 - Generally. › Section 12-21-148 - Use of Certified Facility Dog in Certain Legal Proceedings.

Section 12-21-148
Use of certified facility dog in certain legal proceedings.
(a) For the purposes of this section, the following terms shall have the following meanings:
(1) CERTIFIED FACILITY DOG. A trained working dog that is a graduate of an assistance dog organization, a nonprofit organization that sets standards of training for the health, welfare, task work, and oversight for assistance dogs and their handlers, and shall have at a minimum all of the following:
a. Two years of training and must have passed the same public-access test as a service dog.
b. Documentation showing that the certified facility dog has graduated from an assistance dog organization.
c. A current annual certificate of health from an Alabama veterinarian.
d. Proof of liability insurance in the minimum amount of five hundred thousand dollars ($500,000).
(2) CERTIFIED HANDLER. A certified handler who has received training from an assistance dog organization and has received training on the protocols and policies of legal proceedings and the role of the certified facility dog and certified handler to assure there is no interference with the collection of evidence and testimony, or the administration of justice.
(b) In a legal proceeding, to reduce the stress of a witness and to enhance the ability of the court to obtain full and accurate testimony, the court may allow a certified facility dog to accompany a victim or witness while testifying, or in other court proceedings, if a certified facility dog is available.
(c) If the court, in its sole discretion, grants the use of a certified facility dog, and a jury has been empaneled in the legal proceeding, the certified facility dog shall be accompanied by the certified handler to the witness stand with the witness outside of the presence of the jury, and the certified handler shall return to his or her position in the courtroom within view of the witness stand. Subsequently the jury shall be seated and the court shall instruct the jury on the presence of the certified facility dog and that the presence of a certified facility dog should not create any prejudice to any party.
(d) During trial proceedings, all precautions should be taken to obscure the presence of the dog from the jury.
(e) Markings identifying the dog as a certified facility dog while working must be visible.
(f) Subject to the Alabama Rules of Criminal Procedure, if requested by either party in a legal proceeding, the court may examine and confirm the credentials of the certified facility dog and certified handler.
(g) Prior to the use of a certified facility dog in a court proceeding the state or moving party must file a notice of intent to use the registered therapy dog.
(Act 2017-413, §6.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 2 - Competency. › Section 12-21-160 - Expert Witnesses.

Section 12-21-160
Expert witnesses.
(a) Generally. If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.
(b) Scientific evidence. In addition to requirements set forth in subsection (a), expert testimony based on a scientific theory, principle, methodology, or procedure is only admissible if:
(1) The testimony is based on sufficient facts or data,
(2) The testimony is the product of reliable principles and methods, and
(3) The witness has applied the principles and methods reliably to the facts of the case.
(c) Nothing in this section shall modify, amend, or supersede any provisions of the Alabama Medical Liability Act of 1987 and the Alabama Medical Liability Act of 1996, commencing with Section 6-5-540, et seq., or any judicial interpretation thereof.
(d) This section shall apply to all civil state court actions commenced on or after January 1, 2012. In criminal actions, this section shall only apply to non-juvenile felony proceedings in which the defendant that is the subject of the proceeding was arrested on the charge that is the subject of the proceeding on or after January 1, 2012. This section shall not apply to domestic relations, child support, juvenile, or probate cases.
(e) The provisions of this section, where inconsistent with any Alabama Rule of Civil Procedure, Alabama Rule of Criminal Procedure or Alabama Rule of Evidence, including, but not limited to, Ala. R. Evid. 702, shall supersede such rule or parts of rules.
(Code 1907, §4011; Code 1923, §7725; Code 1940, T. 7, §437; Act 2011-629, 1485, sect;§1-4.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 2 - Competency. › Section 12-21-161 - Testimony of Attorney, etc., for or Against Client.

Section 12-21-161
Testimony of attorney, etc., for or against client.
No attorney or his clerk shall be competent or compelled to testify in any court in this state for or against the client as to any matter or thing, knowledge of which may have been acquired from the client, or as to advice or counsel to the client given by virtue of the relation as attorney or given by reason of anticipated employment as attorney unless called to testify by the client, but shall be competent to testify, for or against the client, as to any matter or thing the knowledge of which may have been acquired in any other manner.
(Code 1907, §§3962, 4012; Code 1923, §§7658, 7726; Code 1940, T. 7, §438.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 2 - Competency. › Section 12-21-162 - Witness Convicted of Crime.

Section 12-21-162
Witness convicted of crime.
(a) No objection must be allowed to the competency of a witness because of his conviction for any crime, except perjury or subornation of perjury.
(b) As affecting his credibility, a witness may be examined touching his conviction for a crime involving moral turpitude, and his answers may be contradicted by other evidence.
(Code 1886, §2766; Code 1896, §§1795, 1796; Code1907, §§4008, 4009; Code 1923, §§7722, 7723; Code 1940, T. 7, §§434, 435.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 2 - Competency. › Section 12-21-163 - Witness Having Interest.

Section 12-21-163
Witness having interest.
In civil actions and proceedings, there must be no exclusion of any witness because he is a party or interested in the issue tried, except that no person having a pecuniary interest in the result of the action or proceeding shall be allowed to testify against the party to whom his interest is opposed as to any transaction with, or statement by, the deceased person whose estate is interested in the result of the action or proceeding or when such deceased person, at the time of such transaction or statement, acted in any representative or fiduciary relation whatsoever to the party against whom such testimony is sought to be introduced, unless called to testify thereto by the party to whom such interest is opposed or unless the testimony of such deceased person in relation to such transaction or statement is introduced in evidence by the party whose interest is opposed to that of the witness or has been taken and is on file in the case. No person who is an incompetent witness under this section shall make himself competent by transferring his interest to another.
(Code 1867, §2704; Code 1876, §3058; Code 1886, §2765; Code 1896, §1794; Code 1907, §4007; Code 1923, §7721; Code 1940, T. 7, §433.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 2 - Competency. › Section 12-21-164 - Deceased Borrower's Representative as Usury Witness.

Section 12-21-164
Deceased borrower's representative as usury witness.
When the borrower is dead and usury is relied on as a defense, the representative of the borrower, having given 10 days' notice to the plaintiff, or his attorney of his intention so to do, is a competent witness to prove the usury by swearing that he believes the contract to be usurious, if the plaintiff was the lender, unless the plaintiff denies on oath, in open court, the truth of the facts proposed to be sworn to by the defendant.
(Code 1852, §2317; Code 1867, §2715; Code 1876, §3059; Code 1886, §2767; Code 1896, §1798; Code 1907, §4015; Code1923, §7729; Code 1940, T. 7, §441.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 2 - Competency. › Section 12-21-165 - Incompetent Witnesses.

Section 12-21-165
Incompetent witnesses.
(a) Persons who have not the use of reason, such as idiots, lunatics during lunacy and children who do not understand the nature of an oath, are incompetent witnesses.
(b) The court must, by examination, decide upon the capacity of one alleged to be incompetent from idiocy, lunacy, insanity, drunkenness or infancy.
(Code 1907, §§4013, 4014; Code 1923, §§7727, 7728; Code 1940, T. 7, §§439, 440.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 2 - Competency. › Section 12-21-166 - Confidentiality of Communications With Clergymen.

Section 12-21-166
Confidentiality of communications with clergymen.
(a) As used in this section, unless a contrary meaning is clearly intended from the context in which the term appears, the following terms have the respective meanings hereinafter set forth and indicated:
(1) CLERGYMAN. Any duly ordained, licensed or commissioned minister, pastor, priest, rabbi or practitioner of any bona fide established church or religious organization and shall include and be limited to any person who regularly, as a vocation, devotes a substantial portion of his time and abilities to the service of his respective church or religious organization.
(2) LEGAL OR QUASI-LEGAL PROCEEDINGS. Any proceeding, civil or criminal, in any court, whether a court of record, a grand jury investigation, a coroner's inquest and any proceeding or hearing before any public officer or administrative agency of the state or any political subdivision thereof.
(b) If any person shall communicate with a clergyman in his professional capacity and in a confidential manner (1) to make a confession, (2) to seek spiritual counsel or comfort, or (3) to enlist help or advice in connection with a marital problem, either such person or the clergyman shall have the privilege, in any legal or quasi-legal proceeding, to refuse to disclose and to prevent the other from disclosing anything said by either party during such communication.
(Acts 1979, No. 79-184, p. 295.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 3 - Attendance. › Section 12-21-181 - Compelling of Appearance and Testimony of Expert Witnesses.

Section 12-21-181
Compelling of appearance and testimony of expert witnesses.
A witness who is an expert in any art, science, trade or profession may be compelled to appear and testify to an opinion as such expert in relation to any matter whenever such opinion is material evidence relevant to an issue on trial before a court or jury without payment or tender of compensation other than the per diem and mileage allowed by law to witnesses under the same rules and regulations by which he can be compelled to appear and testify as to his knowledge of facts relevant to the same issue.
(Code 1923, §7713; Code 1940, T. 7, §366.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 3 - Attendance. › Section 12-21-182 - Proceedings Upon Failure of Subpoenaed Witness to Attend and Remain.

Section 12-21-182
Proceedings upon failure of subpoenaed witness to attend and remain.
(a) Any witness who, after being subpoenaed, fails to attend pursuant to the mandate of the subpoena and remain until his testimony is given or he is discharged forfeits $100.00 to the use of the party summoning him, and the attendance of such witness may be compelled by attachment.
(b) A conditional judgment must, on motion of such party, be entered against such witness and a notice issued to him that such judgment will be made absolute unless he appears within 30 days from the date of the service of such notice and renders a good excuse for his default; and, if he fails to appear and render a satisfactory excuse for his default, such judgment may be made absolute or reduced, as the court may direct.
(c) Witnesses failing to attend court may make their excuse by affidavit, or viva voce, in open court, which the court must hear at any time, unless engaged in the trial of a case, and, if the excuse is sufficient, release the party from any fine imposed, without the payment of costs.
(Code 1852, §§2307, 2308, 2312; Code 1867, §§2709, 2710, 2714; Code 1876, §§3064, 3065, 3068; Code 1886, §§2796-2798; Code 1896, §§1828-1830; Code 1907, §§4025-4027; Code 1923, §§7739-7741; Code 1940, T. 7, §§452-454.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 3 - Attendance. › Section 12-21-183 - Execution of Warrants for Witnesses and Other Process in Adjoining Counties.

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 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 adjoining county. The sheriff, the deputy sheriff or person specially deputed may act upon a copy of such warrant, attachment or subpoena, given him over a telephone, by telegraph or by radio by the sheriff or clerk of the court.
(Code 1907, §4023; Code 1923, §7737; Code 1940, T. 7, §450.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 2 - Witnesses. › Division 3 - Attendance. › Section 12-21-184 - Securing Attendance of Witnesses Until Case Disposed Of.

Section 12-21-184
Securing attendance of witnesses until case disposed of.
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 attend from session to session until the case is disposed of. If a judgment is entered in the case which is reversed on appeal, new subpoenas must be issued when the case is reset for trial; provided, however, that in the circuit court of counties having a population of 400,000 or more, according to the last or any subsequent federal census, the clerk of the said court must subpoena witnesses to attend court at each regular setting of a case after said witnesses have once been ordered summoned by the party, unless otherwise directed by said party originally summoning them.
(Code 1852, §2306; Code 1867, §2708; Code 1876, §3063; Code 1886, §2795; Code 1896, §1827; Code 1907, §4024; Code 1923, §7738; Code 1940, T. 7, §451; Acts 1947, No. 653, p. 504.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 1 - General Provisions. › Section 12-21-200 - Proof of Intent to Injure, Defraud or Cheat.

Section 12-21-200
Proof of intent to injure, defraud or cheat.
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, corporation, body politic or private individual.
(Code 1852, §643; Code 1867, §4195; Code 1876, §4897; Code 1886, §4479; Code 1896, §5303; Code 1907, §6873; Code 1923, §4019; Code 1940, T. 15, §312.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 1 - General Provisions. › Section 12-21-201 - When Proof of Incorporation Necessary.

Section 12-21-201
When proof of incorporation necessary.
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 arrest on capias, denies the existence of such corporation by a sworn plea.
(Code 1907, §6876; Code 1923, §4022; Code 1940, T. 15, §315.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 1 - General Provisions. › Section 12-21-202 - Exclusion of Audience Where Evidence Vulgar, Etc.

Section 12-21-202
Exclusion of audience where evidence vulgar, etc.
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 improper acts of the sexes and tends to debauch the morals of the young, the presiding judge shall have the right, by and with the consent and agreement of the defendant, in his discretion and on his own motion, or on the motion of the plaintiffs or defendants or their attorneys, to hear and try the said case after clearing the courtroom of all or any portion of the audience whose presence is not necessary.
(Code 1907, §4019; Code 1923, §7733; Code 1940, T. 15, §320.)