reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 1 - Generally. › Section 12-21-9 - Exclusion of Audience Where Evidence Vulgar, Etc.

Section 12-21-9
Exclusion of audience where evidence vulgar, etc.
In all civil cases sounding in damages involving the question of rape, assault with intent to ravish, seduction, divorce or any other case 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, in his discretion and on his own motion, or on motion of plaintiffs or defendants or their attorneys, to hear and try the 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. 7, §365.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 1 - Generally. › Section 12-21-10 - Division Cumulative as to Proof of Documents or Records.

Section 12-21-10
Division cumulative as to proof of documents or records.
The mode or manner of authenticating or proving any documents or records provided for in this division shall not be held to be exclusive or restrictive, but shall be additional or cumulative modes or manners of authentication or proof of such records and documents.
(Code 1923, §7718; Code 1940, T. 7, §431.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 1 - Generally. › Section 12-21-11 - Applicability of Provisions Regulating Admissibility or Proof of Facts.

Section 12-21-11
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 1 - Evidence. › Division 1 - Generally. › Section 12-21-12 - Proof by Substantial Evidence Required; Scintilla Rule Abolished; Higher Standard of Proof; Substantial Evidence Defined; Application.

Section 12-21-12
Proof by substantial evidence required; scintilla rule abolished; higher standard of proof; substantial evidence defined; application.
(a) In all civil actions brought in any court of the State of Alabama, proof by substantial evidence shall be required to submit an issue of fact to the trier of the facts. Proof by substantial evidence shall be required for purposes of testing the sufficiency of the evidence to support an issue of fact in rulings by the court, including without limitation, motions for summary judgment, motions for directed verdict, motions for judgment notwithstanding the verdict, and other such motions or pleadings respecting the sufficiency of evidence.
(b) The scintilla rule of evidence is hereby abolished in all civil actions in the courts of the State of Alabama.
(c) With respect to any issue of fact for which a higher standard of proof is required, whether by statute, or by rule or decision of the courts of the state, substantial evidence shall not be sufficient to carry the burden of proof, and such higher standard of proof shall be required with respect to such issue of fact.
(d) Substantial evidence shall mean evidence of such quality and weight that reasonable and fair-minded persons in the exercise of impartial judgment might reach different conclusions as to the existence of the fact sought to be proven. A scintilla of evidence is insufficient to permit submission of an issue of fact to the trier of facts.
(e) This section shall not apply to any civil action pending in the courts of this state on June 11, 1987.
(Acts 1987, No. 87-184, p. 249, §§1-4, 6.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 1 - Generally. › Section 12-21-13 - Physical Evidence Not Precluded From Jury or Court Because of Break in Chain of Custody.

Section 12-21-13
Physical evidence not precluded from jury or court because of break in chain of custody.
Physical evidence connected with or collected in the investigation of a crime shall not be excluded from consideration by a jury or court due to a failure to prove the chain of custody of the evidence. Whenever a witness in a criminal trial identifies a physical piece of evidence connected with or collected in the investigation of a crime, the evidence shall be submitted to the jury or court for whatever weight the jury or court may deem proper. The trial court in its charge to the jury shall explain any break in the chain of custody concerning the physical evidence.
(Acts 1995, No. 95-741, p. 1686, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 2 - Competency and Admissibility. › Section 12-21-30 - Declarations of Deceased Persons as to Ancient Rights.

Section 12-21-30
Declarations of deceased persons as to ancient rights.
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.
(Code 1907, §3961; Code 1923, §7657; Code 1940, T. 7, §368.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 2 - Competency and Admissibility. › Section 12-21-31 - Written Settlements for Composition of Debts.

Section 12-21-31
Written settlements for composition of debts.
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.
(Code 1852, §2283; Code 1867, §2686; Code 1876, §3040; Code 1886, §2775; Code 1896, §1806; Code 1907, §3974; Code 1923, §7670; Code 1940, T. 7, §382.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 2 - Competency and Admissibility. › Section 12-21-32 - Books of Account Kept by Deceased Executor, Etc.

Section 12-21-32
Books of account kept by deceased executor, etc.
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, is admissible evidence.
(Code 1876, §3054; Code 1886, §2778; Code 1896, §1809; Code 1907, §3976; Code 1923, §7672; Code 1940, T. 7, §384.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 2 - Competency and Admissibility. › Section 12-21-33 - Parol to Show Writing Void.

Section 12-21-33
Parol to show writing void.
Parol evidence is admissible to show that a writing was originally void or has subsequently become so.
(Code 1907, §3963; Code 1923, §7659; Code 1940, T. 7, §371.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 2 - Competency and Admissibility. › Section 12-21-34 - Certificate of Public Officer on Nonexistence of Record or Entry of Such.

Section 12-21-34
Certificate of public officer on nonexistence of record or entry of such.
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 entry. Such certificate shall be proved or admitted as prima facie evidence in all courts and tribunals in this state by the attestation of such officer or his deputy under the seal of his office, if any, that the same is true, and if there is no seal, there shall be attached to such attestation the certificate of the clerk and the seal of the circuit or district court of the county where such officer resides that such attestation is genuine.
(Acts 1953, No. 277, p. 342.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 2 - Competency and Admissibility. › Section 12-21-35 - Certified Transcripts of Official Governmental Books, etc.; Duty to Furnish.

Section 12-21-35
Certified transcripts of official governmental books, etc.; duty to 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 proper custodian thereof, must be received in evidence in all courts, and it is no objection to such transcript that the book from which it is taken is a copy of office books belonging to the United States. All such officers under jurisdiction and laws of the State of Alabama and counties and cities therein shall furnish all such transcripts of any documents, official books and papers in their possession, custody or control when requested so to do by any person, firm or corporation tendering to such officer or custodian of such records the proper amount of fees and charges required or necessary to pay for the making of such transcripts.
(b) Any person violating subsection (a) of this section as to furnishing transcripts of books, papers or parts thereof required by law to be copied by them shall, upon conviction, be fined not less than $50.00 nor more than $500.00 and may be sentenced to hard labor for the county for not more than 12 months, one or both, at the discretion of the court trying the same.
(Code 1867, §2697; Code 1876, §3049; Code 1886, §2785; Code 1896, §1816; Code 1907, §3983; Acts 1921, Ex. Sess., No. 41, p. 52; Code 1923, §§5031, 7681; Code 1940, T. 7, §§393, 394.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 2 - Competency and Admissibility. › Section 12-21-36 - Certified Copies of Surveyor General's Books, Etc.

Section 12-21-36
Certified copies of surveyor general's books, etc.
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, which must be received in evidence in any court.
(Code 1867, §2696; Code 1876, §3048; Code 1886, §2784; Code 1896, §1815; Code 1907, §3982; Code 1923, §7680; Code 1940, T. 7, §392.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 2 - Competency and Admissibility. › Section 12-21-37 - Private Legislative Acts.

Section 12-21-37
Private legislative acts.
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.
(Code 1852, §2296; Code 1867, §2698; Code 1876, §3051; Code 1886, §2789; Code 1896, §1820; Code 1907, §3987; Code 1923, §7685; Code 1940, T. 7, §398.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 2 - Competency and Admissibility. › Section 12-21-38 - Copies of Proceedings and Judgments of Foreign Courts Not of Record.

Section 12-21-38
Copies of proceedings and judgments of foreign courts not of 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 rendered or their successors in office, or other judges having legal custody thereof, that the same are true and complete copies of the proceedings or judgments, with the certificate of the clerk or prothonotary of any court of record of the county or district where said judge or judges shall hold his or their office or offices, certifying, under the seal of said court, that the judge or judges were, at the time when the proceedings were had or judgments rendered and when the copy was taken, duly commissioned and qualified to act as such, shall be admissible as evidence in any of the courts of this state.
(Code 1923, §7708; Code 1940, T. 7, §422.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 2 - Competency and Admissibility. › Section 12-21-39 - Handwriting - Evidence for Comparison.

Section 12-21-39
Handwriting - Evidence for comparison.
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 officer conducting such proceeding to prove or disprove such genuineness.
(Code 1923, §7707; Code 1940, T. 7, §420.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 2 - Competency and Admissibility. › Section 12-21-40 - Handwriting - Comparison of Disputed Writing With Genuine.

Section 12-21-40
Handwriting - Comparison of disputed writing with genuine.
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 handwriting is in question, and such writings and the evidence of witnesses respecting the same may be submitted to the court or jury trying the case as evidence of the genuineness or otherwise of the writings in dispute.
(Acts 1915, No. 90, p. 134; Code 1923, §7705; Code 1940, T. 7, §421.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 2 - Competency and Admissibility. › Section 12-21-41 - Evidence of Title to Lands.

Section 12-21-41
Evidence of title to lands.
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.
(Code 1876, §3050; Code 1886, §2786; Code 1896, §1817; Code 1907, §3984; Code 1923, §7682; Code 1940, T. 7, §395.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 2 - Competency and Admissibility. › Section 12-21-42 - Books of Account as Proof of Accounts.

Section 12-21-42
Books of account as proof of accounts.
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 is dead or otherwise inaccessible or for any other reason the clerk is disqualified from testifying;
(2) Upon proof, the party's oath being sufficient, that the book tendered is his book of original entries;
(3) When any party or interested person, manager or other official of any association or company testifies to his or their account book and the items therein contained, that the same is a book of original entries and that the entries therein are true and just and were made by himself or his employee, deceased or living, in the usual course of trade and of his duty or employment to the party so testifying; thereupon the said account book and entries shall be admitted as prima facie evidence in the case upon the matters as shown by said account book;
(4) When, in any mercantile business, sales are regularly entered on charge tickets by the salesman making such sales, whence they are regularly transcribed to a day book or ledger as the first permanent memorial thereof, the testimony of the clerk or bookkeeper, who has transcribed such entries, that they were correctly transcribed by him, in due course of business, from the original tickets which came to him in due course from said salesman, shall render such entries in a day book or ledger prima facie evidence of the sale and delivery of such articles to the person charged therewith; and
(5) In case of the loss or destruction of the book of original entries, a ledger upon which such entries have been transcribed in due course of business shall be admissible as secondary evidence of the entries in the original book, upon the testimony of the clerk or bookkeeper making the same that they were correctly transcribed.
(Code 1907, §4003; Code 1923, §7701; Code 1940, T. 7, §414.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 2 - Competency and Admissibility. › Section 12-21-43 - Writings or Records Made in Regular Course of Business - Originals.

Section 12-21-43
Writings or records made in regular course of business - Originals.
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 business and it was the regular course of the business to make such memorandum or record at the time of such act, transaction, occurrence or event, or within a reasonable time thereafter. All other circumstances of the making of such writing or record, including lack of personal knowledge by the entrant or maker, may be shown to affect its weight, but they shall not affect its admissibility. The term, "business" shall include a business, profession, occupation and calling of every kind.
(Code 1940, T. 7, §415.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 2 - Competency and Admissibility. › Section 12-21-45 - Evidence That Medical or Hospital Expenses to Be Paid or Reimbursed Admissible as Competent Evidence.

Section 12-21-45
Evidence that medical or hospital expenses to be paid or reimbursed 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 shall be admissible as competent evidence. In such actions upon admission of evidence respecting reimbursement or payment of medical or hospital expenses, the plaintiff shall be entitled to introduce evidence of the cost of obtaining reimbursement or payment of medical or hospital expenses.
(b) In such civil actions, information respecting such reimbursement or payment obtained or such reimbursement or payment which may be obtained by the plaintiff for medical or hospital expenses shall be subject to discovery.
(c) Upon proof by the plaintiff to the court that the plaintiff is obligated to repay the medical or hospital expenses which have been or will be paid or reimbursed, evidence relating to such reimbursement or payment shall be admissible.
(d) This section shall not apply to any civil action pending on June 11, 1987.
(Acts 1987, No. 87-187, p. 258, §§1-3, 6.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 3 - Authentication of Documents, Proof of Facts, Etc. › Section 12-21-60 - Proof of Written Instrument's Execution by Maker.

Section 12-21-60
Proof of written instrument's execution by maker.
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.
(Code 1896, §1797; Code 1907, §4006; Code 1923, §7704; Code 1940, T. 7, §418.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 3 - Authentication of Documents, Proof of Facts, Etc. › Section 12-21-61 - Subscribing Witnesses - When Must Be Produced.

Section 12-21-61
Subscribing witnesses - When must be produced.
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 required by law to be approved or tested by a particular functionary;
(4) If the paper is only incidentally or collaterally material to the case;
(5) If the party executing the written instrument testifies to its execution; or
(6) If the document is self-proving or properly acknowledged.
(Code 1907, §4004; Code 1923, §7702; Code 1940, T. 7, §416.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 3 - Authentication of Documents, Proof of Facts, Etc. › Section 12-21-62 - Subscribing Witnesses - Proof of Execution When Dead, Etc.

Section 12-21-62
Subscribing witnesses - Proof of execution when dead, etc.
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 alleged maker or subscribing witness shall be received as primary evidence of the fact of execution; and, if such evidence is not attainable, the court may admit evidence of the handwriting of the subscribing witnesses or other secondary evidence to establish such fact of execution.
(Code 1907, §4005; Code 1923, §7703; Code 1940, T. 7, §417.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 3 - Authentication of Documents, Proof of Facts, Etc. › Section 12-21-63 - Accounting for Alteration in Writing Introduced as Genuine.

Section 12-21-63
Accounting for alteration in writing introduced as genuine.
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 concurrence, or was made with the consent of the parties affected by it, or otherwise properly or innocently made or that the alteration did not change the meaning of the language of the instrument. If he does that, he may give the writing in evidence, but not otherwise.
(Code 1923, §7717; Code 1940, T. 7, §430.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 3 - Authentication of Documents, Proof of Facts, Etc. › Section 12-21-64 - Proof of Laws of Foreign Countries.

Section 12-21-64
Proof of laws of foreign countries.
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 accompanied by a copy thereof.
(Code 1923, §7711; Code 1940, T. 7, §425.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 3 - Authentication of Documents, Proof of Facts, Etc. › Section 12-21-65 - Proof of Unwritten or Common Law of Other States and Territories.

Section 12-21-65
Proof of unwritten or common law of other states and territories.
The unwritten or common law of any other state of the United States, or of the territories thereof, may be proved as facts by parol evidence, and the books of reports of cases adjudged in the respective states purporting to be the official reports thereof or to have been published under the authority of the state or as a part of the national reporter system or of any universally accepted system of reports of decided cases and the works of commentators of recognized authority on the law of the particular state involved may also be admitted in evidence in proof of such unwritten or common law.
(Code 1923, §7710; Code 1940, T. 7, §424; Acts 1959, No. 105, p. 590, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 3 - Authentication of Documents, Proof of Facts, Etc. › Section 12-21-66 - Proof of Land Office Deeds or Written Instruments for Conveyance or Sale of Land.

Section 12-21-66
Proof of land office deeds or written instruments for conveyance or sale of land.
Any deed or written instrument for the conveyance or sale of land purchased or entered at any land office of the United States in this state made or signed in or upon any book or record of such office may be proved by a copy thereof, certified by the register of such land office under his hand to be a correct copy, and such copy shall be received in all courts and proceedings under the laws of this state and may be recorded in the office of the probate judge of the county in which the land may be. A transcript of such record in the office of the probate judge may be certified and used in the same manner and in the same cases as transcripts of such records of original deeds may be.
(Code 1867, §2692; Code 1876, §3044; Code 1886, §2783; Code 1896, §1814; Code 1907, §3981; Code 1923, §7679; Code 1940, T. 7, §391.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 3 - Authentication of Documents, Proof of Facts, Etc. › Section 12-21-67 - Proof of Exemplifications or Copies of Records, etc., Kept in Public Office.

Section 12-21-67
Proof of exemplifications or copies of records, etc., kept in public office.
Exemplifications or copies of records and records of deeds and other instruments or of office books, or parts thereof, and official bonds which are kept in any public office in this state shall be proved or admitted as legal evidence in this state by the attestation of the keeper of said records or books, deeds or other instruments or official bonds that the same are true and complete copies of the records, bonds, instruments or books, or parts thereof, in his custody, and the seal of said keeper thereto annexed, if there is a seal (if there is no official seal, there shall be attached to such attestation the certificate of the clerk), and the seal of the circuit, district or municipal court of the proper county where such keeper resides that such attestation is genuine and made by the proper officer.
(Code 1923, §7709; Code 1940, T. 7, §423.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 3 - Authentication of Documents, Proof of Facts, Etc. › Section 12-21-68 - Proof of Publication of Notice.

Section 12-21-68
Proof of publication of notice.
The publication of any notice in a newspaper, when required by law or by order of court, may be proved by the production of a copy of the notice, with the affidavit of the printer, clerk or superintendent of the newspaper specifying the respective numbers and dates of the newspaper in which publication was made, and such affidavit shall be evidence.
(Code 1907, §3993; Code 1923, §7691; Code 1940, T. 7, §403.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 3 - Authentication of Documents, Proof of Facts, Etc. › Section 12-21-69 - Proof of Posting of Notice.

Section 12-21-69
Proof of posting of notice.
The posting of any notice required by law or the order of any court may be proved by filing a copy of the notice with an affidavit of posting in the court in which the proceeding was had in which the notice was required, and such affidavit shall be competent evidence in all courts and shall be prima facie evidence of what it states, but this shall not be the exclusive mode of proof.
(Code 1907, §3994; Code 1923, §7692; Code 1940, T. 7, §404.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 3 - Authentication of Documents, Proof of Facts, Etc. › Section 12-21-70 - Authentication of Foreign State, Territory, or Country's Legislative Acts; Effect Thereof.

Section 12-21-70
Authentication of foreign state, territory, or country's legislative acts; effect thereof.
The acts of the legislature of any state or territory or of any country subject to the jurisdiction of the United States shall be authenticated by having the seals of such state, territory or country affixed thereto. The record and judicial proceedings of the courts of any state or territory or of any such country shall be proved or admitted in any other court within the United States by the attestation of the clerk and the seal of the court annexed, if there is a seal, together with a certificate of the judge, Chief Justice or presiding magistrate that the said attestation is in due form. The said records and judicial proceedings so authenticated shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from which they are taken.
(Code 1923, §7714; Code 1940, T. 7, §427.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 3 - Authentication of Documents, Proof of Facts, Etc. › Section 12-21-71 - Authentication of Foreign State, Territory, or Country's Public Records or Books; Effect Thereof.

Section 12-21-71
Authentication of foreign state, territory, or country's public records or books; effect thereof.
All records and exemplifications of books which may be kept in any public office of any state or territory or of any country subject to the jurisdiction of the United States not appertaining to a court shall be proved or admitted in any court or office in any other state or territory or in any such country by the attestation of the keeper of said records or books and the seal of his office annexed, if there is a seal, together with a certificate of the presiding justice of the court of the county, parish or district in which such office may be kept, or of the governor or secretary of state, the chancellor or keeper of the great seal of the state, territory or country that the said attestation is in due form and by the proper officers. If the said certificate is given by the presiding justice of a court, it shall be further authenticated by the clerk of said court, who shall certify under his hand and the seal of his office that the said presiding justice is duly commissioned and qualified; or, if given by such governor, secretary, chancellor or keeper of the great seal, it shall be under the great seal of the state, territory or country aforesaid in which it is made. The said records and exemplifications so authenticated shall have such faith and credit given to them in every court and office within the United States as they may have by law or usage in the court or offices of the state, territory or country as aforesaid from which they are taken.
(Code 1923, §7715; Code 1940, T. 7, §428.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 3 - Authentication of Documents, Proof of Facts, Etc. › Section 12-21-72 - Authentication of Paper or Document by Bureau or Department Head.

Section 12-21-72
Authentication of paper or document by bureau or department head.
The certificate of the head of any bureau or department of the general government is sufficient authentication of any paper or document appertaining to his office.
(Code 1852, §2294; Code 1867, §2694; Code 1876, §3046; Code 1886, §2787; Code 1896, §1818; Code 1907, §3985; Code 1923, §7683; Code 1940, T. 7, §396.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 3 - Authentication of Documents, Proof of Facts, Etc. › Section 12-21-73 - Additional or Alternative Mode of Proof of Certain Official Documents.

Section 12-21-73
Additional or alternative mode of proof of certain official documents.
As an additional or alternative mode of proof, the following documents may be proved as follows:
(1) Acts of the executive of this state, by the records of the state Department of the State, and of the United States, by the records of the State Department of the United States, certified by the heads of these departments respectively; they may also be proved by public documents printed by order of the Legislature or Congress, or either house thereof;
(2) The proceedings of the Legislature of this state or of Congress, by the journals of those bodies respectively, or either house thereof, or by published statutes or resolutions or by copies certified by the clerk or printed by their order;
(3) The acts of the executive or the proceedings of the Legislature of a sister state, in the same manner;
(4) The acts of the executive or the proceedings of the Legislature of a foreign country, by journals published by their authority or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign or by a recognition thereof in some public act of the executive of the United States;
(5) Acts of a municipal corporation of this state, or of a board or department thereof, by a copy, certified by the legal keeper thereof, or by a printed book published by the authority of such corporation;
(6) Documents of any other class in this state, by the original or by a copy, certified by the legal keeper thereof;
(7) Documents of any other class in a sister state, by the original or by a copy, certified by the legal keeper thereof, together with the certificate of the secretary of state, judge of an appellate court, circuit or probate court or mayor of a city of such state that the copy is duly certified by the officer having the legal custody of the original;
(8) Documents of any other class in a foreign country, by the original or by a copy, certified by the legal keeper thereof, with a certificate, under seal, of the country or sovereign that the document is a valid and subsisting document of such country and the copy is duly certified by the officer having the legal custody of the original; and
(9) Documents in the departments of the United States government, by the certificate of the legal custodian thereof.
(Code 1923, §7719; Code 1940, T. 7, §432.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 3.5 - Alabama Uniform Unsworn Foreign Declarations Act. › Section 12-21-80 - Short Title.

Section 12-21-80
Short title.
This subdivision may be cited as the Alabama Uniform Unsworn Foreign Declarations Act.
(Act 2011-533, p. 884, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 3.5 - Alabama Uniform Unsworn Foreign Declarations Act. › Section 12-21-81 - Definitions.

Section 12-21-81
Definitions.
In this subdivision:
(1) "Boundaries of the United States" means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
(2) "Law" includes the federal or a state constitution, a federal or state statute, a judicial decision or order, a rule of court, an executive order, and an administrative rule, regulation, or order.
(3) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(4) "Sign" means, with present intent to authenticate or adopt a record:
(A) to execute or adopt a tangible symbol; or
(B) to attach to or logically associate with the record an electronic symbol, sound, or process.
(5) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(6) "Sworn declaration" means a declaration in a signed record given under oath. The term includes a sworn statement, verification, certificate, and affidavit.
(7) "Unsworn declaration" means a declaration in a signed record that is not given under oath, but is given under penalty of perjury.
(Act 2011-533, p. 884, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 3.5 - Alabama Uniform Unsworn Foreign Declarations Act. › Section 12-21-82 - Applicability.

Section 12-21-82
Applicability.
This subdivision applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States. This subdivision does not apply to a declaration by a declarant who is physically located on property that is within the boundaries of the United States and subject to the jurisdiction of another country or a federally recognized Indian tribe.
(Act 2011-533, p. 884, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 3.5 - Alabama Uniform Unsworn Foreign Declarations Act. › Section 12-21-83 - Validity of Unsworn Declaration.

Section 12-21-83
Validity of unsworn declaration.
(a) Except as otherwise provided in subsection (b), if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this subdivision has the same effect as a sworn declaration.
(b) This subdivision does not apply to:
(1) a deposition;
(2) an oath of office;
(3) an oath required to be given before a specified official other than a notary public;
(4) a declaration to be recorded pursuant to Title 35;
(5) an oath required by Sections 43-8-132 and 43-8-133; or
(6) a durable power of attorney executed pursuant to Chapter 1 of Title 26.
(Act 2011-533, p. 884, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 3.5 - Alabama Uniform Unsworn Foreign Declarations Act. › Section 12-21-84 - Required Medium.

Section 12-21-84
Required medium.
If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium.
(Act 2011-533, p. 884, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 3.5 - Alabama Uniform Unsworn Foreign Declarations Act. › Section 12-21-85 - Form of Unsworn Declaration.

Section 12-21-85
Form of unsworn declaration.
An unsworn declaration under this subdivision must be in substantially the following form:
I declare under penalty of perjury under the law of the State of Alabama that the foregoing is true and correct, and that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
Executed on the (date), day of (month), (year), at
________________________________.
(specific location, including city, state, country, or other descriptive information)
_____________________
(printed name)
_____________________
(signature)
(Act 2011-533, p. 884, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 3.5 - Alabama Uniform Unsworn Foreign Declarations Act. › Section 12-21-86 - Uniformity of Application and Construction.

Section 12-21-86
Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Act 2011-533, p. 884, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 3.5 - Alabama Uniform Unsworn Foreign Declarations Act. › Section 12-21-87 - Relation to Electronic Signatures in Global and National Commerce Act.

Section 12-21-87
Relation to electronic signatures in Global and National Commerce Act.
This subdivision modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
(Act 2011-533, p. 884, §1.)
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 12-21-90 - Official Notice of Armed Forces Death.

Section 12-21-90
Official notice of armed forces death.
A written notice or communication purportedly from the Department of Defense, the Adjutant General of the Army, the Secretary of the Navy or other officer charged with the duty of sending such notice or communication to the effect that any person in the armed forces of our country, or serving as auxiliary thereto, is dead shall be prima facie evidence of the death of such person.
(Acts 1945, No. 305, p. 499.)
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 12-21-91 - Official Report of Person Missing, etc.; Presumption of Signer's Authority.

Section 12-21-91
Official report of person missing, etc.; presumption of signer's authority.
(a) An official written report or record, or duly certified copy thereof, that a person is missing, missing in action, interned in a neutral country, or beleaguered, besieged or captured by an enemy or is dead or is alive, made by any officer or employee of the United States authorized by any law of the United States to make same, shall be received in any court, office or other place in this state as prima facie evidence that such person is missing, missing in action, interned in a neutral country, or beleaguered, besieged or captured by an enemy or is dead or is alive, as the case may be.
(b) For the purpose of this section, any report or record, or duly certified copy thereof, purporting to have been signed by such an officer or employee of the United States as is described in said section, shall prima facie be deemed to have been signed and issued by such an officer or employee pursuant to law, and the person signing same shall prima facie be deemed to have acted within the scope of his authority. If a copy purports to have been certified by a person authorized by law to certify the same, such certified copy shall be prima facie evidence of his authority so to certify.
(Acts 1951, No. 29, p. 240, §§2, 3.)
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 12-21-92 - Secretary of State's Publication of Foreign Interest Rates.

Section 12-21-92
Secretary of State's publication of foreign interest rates.
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1852, §2285; Code 1867, §2688; Code 1876, §3042; Code 1886, §2791; Code 1896, §1823; Code 1907, §3990; Code 1923, §7688; Code 1940, T. 7, §400.)
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 12-21-93 - Statutes of Other States and Territories.

Section 12-21-93
Statutes of other states and territories.
The printed statute books of the several states and territories of the United States, purporting to be printed under the authority of those states and territories, and any copy of any statute, or any part thereof, contained therein, having attached thereto the certificate of the secretary of state, under seal of the state, certifying the copy to be complete and correct, that the statute book, from which the copy is taken, is deposited in the Office of the Secretary of State or in the state library and is, by him, believed to have been received under the authority of the state and territory purporting to have enacted the same shall be presumptive evidence in all courts of the legislative acts, public or private, of those states or territories, respectively. When the statute as written is only a part of the law of a state or territory and it is affected by other facts of a legal nature existing in that state or territory, if the courts of such state or territory have deduced from the written words of the statute upon a particular state of facts a well understood rule of law, then such rule of law may be proved by the testimony or opinions of competent witnesses instructed in the law of that state, or by the introduction into evidence of the books of reports of cases adjudged in that state purporting to be the official reports thereof, or to have been published under the authority of such state, or as a part of the national reporter system or of any universally accepted system of reports of decided cases or the works of commentators of recognized authority on the law of the particular state involved.
(Acts 1959, No. 105, p. 590, §2.)
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 12-21-94 - Transcripts of Congressional Acts and Foreign Statutes.

Section 12-21-94
Transcripts of congressional acts and foreign statutes.
Transcripts of Acts of Congress or of the statutes of any other state or territory of the United States, certified by the Secretary of State of this state as being deposited in his office or as being deposited in the Supreme Court library, and public or private statutes or the proceedings of any legislative body, purporting on the face of the book to be printed by authority of the government, state or territory, are evidence without further proof.
(Code 1852, §2293; Code 1867, §2693; Code 1876, §3045; Code 1886, §2790; Code 1896, §1821; Code 1907, §3988; Code 1923, §7686; Code 1940, T. 7, §399.)