reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 1 - General Provisions. › Section 12-21-203 - Admissibility of Evidence Relating to Past Sexual Behavior of Complaining Witness in Prosecutions for Criminal Sexual Conduct.

Section 12-21-203
Admissibility of evidence relating to past sexual behavior of complaining witness in prosecutions for criminal sexual conduct.
(a) As used in this section, unless the context clearly indicates otherwise, the following words and phrases shall have the following respective meanings:
(1) COMPLAINING WITNESS. Any person alleged to be the victim of the crime charged, the prosecution of which is subject to the provisions of this section.
(2) CRIMINAL SEXUAL CONDUCT. Sexual activity, including, but not limited to, rape, sodomy, sexual misconduct, sexual abuse or carnal knowledge.
(3) EVIDENCE RELATING TO PAST SEXUAL BEHAVIOR. Such term includes, but is not limited to, evidence of the complaining witness's marital history, mode of dress and general reputation for promiscuity, nonchastity or sexual mores contrary to the community standards.
(b) In any prosecution for criminal sexual conduct or for assault with intent to commit, attempt to commit or conspiracy to commit criminal sexual conduct, evidence relating to the past sexual behavior of the complaining witness, as defined in subsection (a) of this section, shall not be admissible, either as direct evidence or on cross-examination of the complaining witness or of other witnesses, except as otherwise provided in this section.
(c) In any prosecution for criminal sexual conduct, evidence relating to the past sexual behavior of the complaining witness shall be introduced if the court, following the procedure described in subsection (d) of this section, finds that such past sexual behavior directly involved the participation of the accused.
(d) The procedure for introducing evidence, as described in subsection (c) of this section, shall be as follows:
(1) At the time the defense shall seek to introduce evidence which would be covered by subsection (c) of this section, the defense shall notify the court of such intent, whereupon the court shall conduct an in camera hearing to examine into the defendant's offer of proof. All in camera proceedings shall be included in their entirety in the transcript and record of the trial and case;
(2) At the conclusion of the hearing, if the court finds that any of the evidence introduced at the hearing is admissible under subsection (b) of this section, the court shall by order state what evidence may be introduced by the defense at the trial of the case and in what manner the evidence may be introduced; and
(3) The defense may then introduce evidence pursuant to the order of the court.
(Acts 1977, No. 251, p. 328.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 1 - Competency. › Section 12-21-220 - Right of Defendant to Be Witness; Effect of Prosecution's Comment on Defendant's Failure to Testify.

Section 12-21-220
Right of defendant to be witness; effect of prosecution's comment on defendant's failure to testify.
On the trial of all indictments, complaints or other criminal proceedings, the person on trial shall, at his own request, but not otherwise, be a competent witness, and his failure to make such a request shall not create any presumption against him nor be the subject of comment by counsel. If the district attorney makes any comment concerning the defendant's failure to testify, a new trial must be granted on motion filed within 30 days from entry of the judgment.
(Code 1886, §4473; Code 1896, §5279; Code 1907, §7894; Code 1923, §5632; Code 1940, T. 15, §305; Acts 1949, No. 124, p.150.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 1 - Competency. › Section 12-21-221 - Witness Having Pecuniary Interest in Case.

Section 12-21-221
Witness having pecuniary interest in case.
There shall be no exclusion of a witness in a criminal case because, on conviction of the defendant, he may be entitled to a reward or to a restoration of property or to the whole or any part of the fine or penalty inflicted. The witness may be examined touching such circumstances, but the examination goes to his credibility and not to his competency as a witness.
(Code 1886, §4474; Code 1896, §5298; Code 1907, §7895; Code 1923, §5633; Code 1940, T. 15, §306.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 1 - Competency. › Section 12-21-222 - Accomplice's Testimony for Felony Conviction.

Section 12-21-222
Accomplice's testimony for felony conviction.
A conviction of felony cannot be had on the testimony of an accomplice unless corroborated by other evidence tending to connect the defendant with the commission of the offense, and such corroborative evidence, if it merely shows the commission of the offense or the circumstances thereof, is not sufficient.
(Code 1852, §641; Code 1867, §4193; Code 1876, §4895; Code 1886, §4476; Code 1896, §5300; Code 1907, §7897; Code 1923, §5635; Code 1940, T. 15, §307.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 1 - Competency. › Section 12-21-223 - Discharged Codefendant as Witness for Prosecution.

Section 12-21-223
Discharged codefendant as witness for prosecution.
When two or more defendants are jointly indicted, the court may, at any time before the evidence for the defense has commenced, order any defendant to be discharged from the indictment in order that he may be a witness for the prosecution, and such order operates as an acquittal of such defendant, provided he does testify.
(Code 1852, §639; Code 1867, §4191; Code 1876, §4893; Code 1886, §4477; Code 1896, §5301; Code 1907, §7898; Code 1923, §5636; Code 1940, T. 15, §308.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 1 - Competency. › Section 12-21-224 - Acquitted Codefendant as Witness.

Section 12-21-224
Acquitted codefendant as witness.
When two or more defendants are jointly indicted, the court may direct a verdict of acquittal to be entered in favor of any one of them against whom there is not, in the opinion of the court, evidence to put him on his defense; and, being acquitted, he may be a witness.
(Code 1852, §640; Code 1867, §4192; Code 1876, §4894; Code 1886, §4478; Code 1896, §5302; Code 1907, §7899; Code 1923, §5637; Code 1940, T. 15, §309.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 1 - Competency. › Section 12-21-225 - Testimony for State or Defendant by Convict.

Section 12-21-225
Testimony for state or defendant by convict.
(a) The presiding judge of any circuit court or district court having reason to believe that the testimony of any convict serving a sentence in the penitentiary or to hard labor for the county is necessary in any criminal prosecution for the state and that other evidence cannot be obtained on behalf of the state may order a writ to be issued by the clerk, commanding the Board of Corrections to have the convict before the court on a specified day to give testimony in the particular case for the state. Moreover, upon the sworn petition of the defendant in a criminal prosecution showing that a convict serving sentence in the penitentiary knows facts which would be beneficial to him, the judge may, if he believes the ends of justice will be served thereby, order the issuance of such a writ to secure the appearance of the convict to testify on behalf of the defendant. The writ shall be served on the board at least one week before the day appointed to have the witness in court; and the board must have the convict before the court on the specified day in accordance with the mandate of the writ, employing a trustworthy deputy, with a sufficient guard, to convey such convict to the court. After he has testified, the convict must be returned forthwith to the place from which he was brought.
(b) For conveying any convict under the provisions of subsection (a) of this section, the board is entitled to the actual expenses incurred in such removal, including the hire of necessary guards and their expenses; the guards and the convict are subject to the same liabilities and penalties for an escape or attempt to escape; and the sheriff or jailer of the county must, on demand of the officer having charge of the convict, receive and safely keep such convict in the county jail during his attendance on the court or while delayed in passing through the county and is entitled to the usual legal charge for feeding prisoners.
(Code 1852, §§365, 366; Code 1867, §§3913, 3914; Code 1876, §§4611, 4612; Code 1886, §§4631, 4632; Code 1896, §§4506, 4507; Code 1907, §§6560, 6561; Code 1923, §§3657, 3658; Code 1940, T. 45, §§61, 62; Acts 1949, No. 51, p. 76.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 1 - Competency. › Section 12-21-226 - Wife Against Husband in Abandonment Cases.

Section 12-21-226
Wife against husband in abandonment cases.
In all cases where a husband is charged with abandoning his family and leaving them in danger of becoming a burden to the public, the wife shall be competent witness against her husband.
(Code 1907, §7900; Code 1923, §5638; Code 1940, T. 15, §310.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 1 - Competency. › Section 12-21-227 - Husband and Wife for or Against One Another.

Section 12-21-227
Husband and wife for or against one another.
The husband and wife may testify either for or against each other in criminal cases, but shall not be compelled so to do.
(Acts 1915, No. 826, p. 942; Code 1923, §5639; Code 1940, T. 15, §311.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 2 - Attendance. › Section 12-21-240 - Attendance of Witnesses - Generally.

Section 12-21-240
Attendance of witnesses - Generally.
Witnesses must be subpoenaed to attend court on the day on which the case is set for trial in which they are subpoenaed as witnesses and to attend from day to day until discharged by law by the court or by the party by whom they are summoned as witnesses. Witnesses appearing on a given date may be ordered by the court to attend court on a subsequent day fixed or named by the court.
(Code 1852, §666; Code 1867, §4218; Code 1876, §4924; Code 1886, §4461; Code 1896, §5285; Code 1907, §7882; Code 1923, §5620; Acts 1931, No. 575, p. 668; Code 1940, T. 15, §295.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 2 - Attendance. › Section 12-21-241 - Attendance of Witnesses - Where Case Continued.

Section 12-21-241
Attendance of witnesses - Where case continued.
Where a case has been continued, it shall be the duty of the clerk of the circuit court or district court to issue a subpoena for all witnesses in such case when it is next set, and it shall be the duty of the sheriff to execute such subpoena by summoning the witnesses named therein. The circuit clerk shall, for the services required of him by this section, receive the same compensation that he receives for issuing the original subpoenas, and the sheriff shall receive the same compensation that he receives for serving the original summons. The costs accruing from the services performed as provided in this section shall be taxed and paid as other costs are taxed and paid in criminal cases.
(Code 1852, §666; Code 1867, §4218; Code 1876, §4924; Code 1886, §4461; Code 1896, §5285; Code 1907, §7882; Code 1923, §5620; Acts 1931, No. 575, p. 668; Code 1940, T. 15, §295.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 2 - Attendance. › Section 12-21-242 - Attendance of Witnesses - on Remand for New Trial.

Section 12-21-242
Attendance of witnesses - On remand for new trial.
Where a case has been remanded by the appropriate appellate court for a new trial, the clerk of the court to which said case has been remanded must issue subpoenas for all the witnesses in the case in the same manner as if the case had been continued.
(Code 1852, §666; Code 1867, §4218; Code 1876, §4924; Code 1886, §4461; Code 1896, §5285; Code 1907, §7882; Code 1923, §5620; Acts 1931, No. 575, p. 668; Code 1940, T. 15, §295.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 2 - Attendance. › Section 12-21-243 - Subpoena of Witnesses - Grand Jury Appearance.

Section 12-21-243
Subpoena of witnesses - Grand jury appearance.
It shall be the duty of the clerk of the circuit court to issue subpoenas for any necessary witnesses to be and appear before the grand jury without application having been made for such witnesses by the grand jury.
(Acts 1931, No. 574, p. 668; Code 1940, T. 15, §292.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 2 - Attendance. › Section 12-21-244 - Subpoena of Witnesses - Trial Appearance.

Section 12-21-244
Subpoena of witnesses - Trial appearance.
(a) No subpoena must be issued in a criminal case unless the defendant is in custody or has given bail to answer the charge.
(b) If the defendant is in custody or has given bail to answer the charge, it is the duty of the clerk of the court in which the prosecution is pending, on his application, to issue subpoenas for such witnesses as he requires.
(c) The clerk must also issue subpoenas for all witnesses on the part of the state whose names are so marked on the indictment, if any, and for such other witnesses as the district attorney may direct him to summon.
(d) It is the duty of clerks of the district and circuit courts to subpoena witnesses in cases set for trial to the day fixed for such trial.
(Code 1852, §§661-663; Code 1867, §§4213-4215; Code 1876, §§4918-4920, 4923; Code 1886, §§4456-4458, 4460; Code 1896, §§5280-5282, 5284; Code 1907, §§7877-7879, 7881; Code 1923, §§5615-5617, 5619; Code 1940, T. 15, §§289-291, 294.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 2 - Attendance. › Section 12-21-245 - Subpoena of Witnesses - Authority of District Attorney.

Section 12-21-245
Subpoena of witnesses - Authority of district attorney.
The district attorney also has authority to issue subpoenas for witnesses on the part of the state, to appear either before the grand jury or before any court in his circuit.
(Code 1852, §664; Code 1867, §4216; Code 1876, §4921; Code 1886, §4459; Code 1896, §5283; Code 1907, §7880; Code 1923, §5618; Code 1940, T. 15, §293.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 2 - Attendance. › Section 12-21-247 - Conditional Judgment Against Defaulting Witnesses - Entry.

Section 12-21-247
Conditional judgment against defaulting witnesses - Entry.
Any witness who is duly summoned in a criminal case and who fails to appear as commanded shall forfeit $100.00 to the party at whose instance he was summoned, for which a conditional judgment must be entered against him.
(Code 1852, §672; Code 1867, §4224; Code 1876, §4929; Code 1886, §4470; Code 1896, §5294; Code 1907, §7891; Code 1923, §5629; Code 1940, T. 15, §302.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 2 - Attendance. › Section 12-21-248 - Conditional Judgment Against Defaulting Witnesses - Notice; When Made Absolute.

Section 12-21-248
Conditional judgment against defaulting witnesses - Notice; when made absolute.
Where a conditional judgment has been entered against a defaulting witness in a criminal case, if he does not appear before the docket then in process of being heard is completed and show a sufficient cause for his default, a notice must be issued by the clerk of the court within 30 days notifying him of the entry of such conditional judgment and that the same will be made absolute at the expiration of 30 days from the date of service of said notice unless he appears and shows sufficient excuse for his default, which notice must be served by the sheriff and return thereof made to the clerk. If he fails to appear as required or fails to show sufficient excuse for his default, to be determined by the court, the judgment must be made absolute against him.
(Code 1852, §673; Code 1867, §4225; Code 1876, §4930; Code 1886, §4471; Code 1896, §5295; Code 1907, §7892; Code 1923, §5630; Code 1940, T. 15, §303.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 2 - Attendance. › Section 12-21-249 - Conditional Judgment Against Defaulting Witnesses - Effect of Two Notices Returned "Not found."

Section 12-21-249
Conditional judgment against defaulting witnesses - Effect of two notices returned "not found."
If two notices of the entry of such conditional judgment are returned "not found" by the proper officer, such returns are equivalent to personal service, and the judgment may be made absolute thereon.
(Code 1852, §674; Code 1867, §4226; Code 1876, §4931; Code 1886, §4472; Code 1896, §5296; Code 1907, §7893; Code 1923, §5631; Code 1940, T. 15, §304.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 3 - Depositions. › Section 12-21-263 - Taking Testimony of Convict in Penitentiary on Interrogatories by Defendant.

Section 12-21-263
Taking testimony of convict in penitentiary on interrogatories by defendant.
The defendant in any criminal prosecution may take the testimony of any convict in the penitentiary on interrogatories and notice as in other cases of taking testimony by interrogatories, the convict's answer being taken on oath and returned with the commission as in other cases, but the notice in such case, with a copy of the interrogatories, must be served on the district attorney of the circuit in which the prosecution is pending.
(Code 1852, §368; Code 1867, §3916; Code 1876, §4614; Code 1886, §4469; Code 1896, §5293; Code 1907, §7890; Code 1923, §5628; Code 1940, T. 15, §301.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 4 - Securing Attendance of Out-of-State Witnesses. › Section 12-21-280 - Short Title.

Section 12-21-280
Short title.
This subdivision may be cited as the "Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings."
(Acts 1977, No. 638, p. 1084, §6.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 4 - Securing Attendance of Out-of-State Witnesses. › Section 12-21-281 - Definitions.

Section 12-21-281
Definitions.
As used in this subdivision, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) WITNESS. A person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.
(2) STATE. Any state or territory of the United States and the District of Columbia.
(3) SUMMONS. A subpoena, order or other notice requiring the appearance of a witness.
(Acts 1977, No. 638, p. 1084, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 4 - Securing Attendance of Out-of-State Witnesses. › Section 12-21-283 - Procedure for Securing Attendance of Witness in Another State at Criminal Proceedings, etc., Within State; Fees and Allowances; Effect of Failure of Summoned Witness to Attend and Testify.

Section 12-21-283
Procedure for securing attendance of witness in another state at criminal proceedings, etc., within state; fees and allowances; effect of failure of summoned witness to attend and testify.
(a) If a person in any state which, by its laws, has made provision for commanding persons within its borders to attend and testify in criminal proceedings or grand jury investigations commenced or about to be commenced in this state is a material witness in a criminal proceeding pending in a court of record in this state or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.
(b) If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state, the judge of the court of record where the certificate is presented shall order that said witness be taken into custody and delivered to an officer of this state, which order shall be sufficient authority to such officer to take such witness into custody and hold him unless and until he may be released by bail, recognizance or order of the judge issuing the certificate. This certificate shall be presented to a judge of a court of record in the county in which the witness resides or is found if he is not a resident of that state.
(c) If the witness is summoned to attend and testify in this state, he shall be tendered the sum of $.15 a mile for each mile traveled by the ordinary route to and from the court where the proceeding is pending and $15.00 for each day that he is required to travel and attend as a witness, to be paid out of the district attorney's fund or such other fund as may be provided therefor upon the direction of the district attorney. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within the state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court.
(d) If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner prescribed for the punishment of any witness who disobeys a summons issued from a court of record in this state.
(Acts 1977, No. 638, p. 1084, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 4 - Securing Attendance of Out-of-State Witnesses. › Section 12-21-284 - Exemption From Arrest or Service of Process of Persons Coming Into or Passing Through State in Obedience to Summons to Attend and Testify.

Section 12-21-284
Exemption from arrest or service of process of persons coming into or passing through state in obedience to summons to attend and testify.
(a) If a person comes into this state in obedience to a summons directing him to attend and testify in this state, he shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
(b) If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
(Acts 1977, No. 638, p. 1084, §4.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 4 - Securing Attendance of Out-of-State Witnesses. › Section 12-21-285 - Construction of Subdivision.

Section 12-21-285
Construction of subdivision.
This subdivision shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.
(Acts 1977, No. 638, p. 1084, §5.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 5 - Certificate of Analysis. › Section 12-21-300 - Offering of Certificate of Analysis in Lieu of Testimony.

Section 12-21-300
Offering of certificate of analysis in lieu of testimony.
(a) In any criminal case, or juvenile or family court case which is of a criminal nature, the prosecuting authority may offer a certificate of analysis as described below, in lieu of direct testimony. The court shall receive as evidence the certificate of analysis from any of the following:
(1) A person performing an analysis or examination in any laboratory operated by the Alabama Department of Forensic Sciences or authorized by the department to conduct an analysis or examination of the type performed.
(2) A person performing an analysis or examination in any criminalistics laboratory established pursuant to federal law.
(b) To be admissible pursuant to this section, a certificate of analysis shall contain all of the following:
(1) The date and time the evidence was delivered to the facility.
(2) The name of the person making the delivery, and the name of the person receiving the delivery.
(3) A brief description of the evidence.
(4) The type of examination or analysis requested.
(5) The name of the person making the examination or analysis.
(6) The date or dates of the examination or analysis.
(7) The results of the examination or analysis.
The certificate of analysis shall give the name and address of the facility in which the examination or analysis was made, and it shall be signed by and sworn to as true and correct, under penalty of law, by the person making the examination or analysis.
(Acts 1995, No. 95-743, p. 1688, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 5 - Certificate of Analysis. › Section 12-21-301 - Notice of Intent to Offer Proof by Certificate of Analysis.

Section 12-21-301
Notice of intent to offer proof by certificate of analysis.
The party seeking to introduce a certificate of analysis shall not less than 40 days prior to the commencement of the hearing or trial, give written notice to all parties of intent to offer proof by a certificate of analysis. The notice shall include a copy of the certificate of analysis.
(Acts 1995, No. 95-743, p. 1688, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 5 - Certificate of Analysis. › Section 12-21-302 - Request for Hearing to Show Cause Why Subpoena Should Be Issued for Cross-Examination.

Section 12-21-302
Request for hearing to show cause why subpoena should be issued for cross-examination.
(a) The party against whom the certificate is offered may request, not later than 30 days prior to the commencement of the hearing or trial, a hearing to show cause why a subpoena should be issued for cross-examination of the person who performed the examination or analysis.
(b) The request shall be in writing and shall contain a certification that the requesting party intends in good faith to conduct the cross-examination. The request shall also include a statement of the basis upon which the requesting party intends to challenge the findings contained in the certificate of analysis. The court shall grant the request for subpoena only for good cause shown. Good cause shall not include a challenge to the findings contained in the certificate of analysis, unless the requesting party first establishes a legitimate basis for the challenge. If the request for subpoena is granted, and the requesting party subsequently fails to conduct the cross-examination previously certified to, the court shall assess against the requesting party, all necessary and reasonable expenses incurred for the attendance in court of the certifying witness.
(Acts 1995, No. 95-743, p. 1688, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 2 - Criminal Cases. › Division 2 - Witnesses. › Division 5 - Certificate of Analysis. › Section 12-21-303 - When Subdivision Not Applicable.

Section 12-21-303
When subdivision not applicable.
This subdivision shall not apply where the defendant is charged with an offense punishable by death, nor shall this subdivision apply to the offenses enumerated in Chapter 6 of Title 13A.
(Acts 1995, No. 95-743, p. 1688, §4.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 3 - Alabama Uniform Interstate Dispositions and Discovery Act. › Section 12-21-400 - Short Title.

Section 12-21-400
Short title.
This article may be cited as the Alabama Uniform Interstate Depositions and Discovery Act.
(Act 2012-518, p. 1538, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 3 - Alabama Uniform Interstate Dispositions and Discovery Act. › Section 12-21-401 - Definitions.

Section 12-21-401
Definitions.
In this article:
(1) "Foreign jurisdiction" means a state other than this state.
(2) "Foreign subpoena" means a subpoena issued in a civil action under authority of a court of record of a foreign jurisdiction.
(3) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
(4) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
(5) "Subpoena" means a document, however denominated, issued in a civil action under authority of a court of record requiring a person to:
(A) Attend and give testimony at a deposition.
(B) Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person.
(C) Permit inspection of premises under the control of the person.
(Act 2012-518, p. 1538, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 3 - Alabama Uniform Interstate Dispositions and Discovery Act. › Section 12-21-402 - Foreign Subpoena; Request; Issuance.

Section 12-21-402
Foreign subpoena; request; issuance.
(a) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of the circuit court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this article does not constitute an appearance in the courts of this state.
(b) When a party submits a foreign subpoena to a clerk of the circuit court in this state, the clerk, in accordance with that court's procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
(c) A subpoena under subsection (b) must:
(1) Incorporate the terms used in the foreign subpoena.
(2) Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
(3) Plainly and prominently state on its face: "THE RECIPIENT OF THIS SUBPOENA HAS THE RIGHT TO OBJECT TO THIS SUBPOENA WITHIN FIFTEEN (15) DAYS OF PROPER SERVICE BY SUBMITTING A REASONABLY SPECIFIC WRITTEN OBJECTION TO THE PARTY INITIATING THE SUBPOENA AS WELL AS THE LOCAL ISSUING CLERK OF THE COURT AT THE FOLLOWING ADDRESS: [ADDRESS OF CLERK OF COURT]."
(Act 2012-518, p. 1538, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 3 - Alabama Uniform Interstate Dispositions and Discovery Act. › Section 12-21-403 - Service of Subpoena.

Section 12-21-403
Service of subpoena.
A subpoena issued by a clerk of court under Section 12-21-402 must be served in compliance with Rule 45 of the Alabama Rules of Civil Procedure.
(Act 2012-518, p. 1538, §4.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 3 - Alabama Uniform Interstate Dispositions and Discovery Act. › Section 12-21-404 - Construction With Other Rules and Laws.

Section 12-21-404
Construction with other rules and laws.
The Alabama Rules of Civil Procedure as well as any applicable provision of the Code of Alabama 1975, apply to subpoenas issued under Section 12-21-402. To the extent that the provisions of Rule 28(b)(3) and subsection (c) of Rule 28 conflict with this article, those provisions are no longer effective.
(Act 2012-518, p. 1538, §5.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 3 - Alabama Uniform Interstate Dispositions and Discovery Act. › Section 12-21-405 - Application for Protective Order.

Section 12-21-405
Application for protective order.
An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under Section 12-21-402 must comply with the rules or statutes of this state and must be submitted to the circuit court in the county in which discovery is to be conducted.
(Act 2012-518, p. 1538, §6.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 3 - Alabama Uniform Interstate Dispositions and Discovery Act. › Section 12-21-406 - Uniformity of Laws.

Section 12-21-406
Uniformity of laws.
(a) In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(b) The privilege extended to persons in other states for discovery under this article shall only apply if the jurisdiction where the action is pending has extended a similar privilege to persons in this state.
(Act 2012-518, p. 1538, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 3 - Alabama Uniform Interstate Dispositions and Discovery Act. › Section 12-21-407 - Application of Article.

Section 12-21-407
Application of article.
This article applies to requests for discovery in cases pending on or filed after January 1, 2013.
(Act 2012-518, p. 1538, §8.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 1 - Judgments, Decrees and Orders Supporting Appeal. › Section 12-22-1 - Confession of Judgment.

Section 12-22-1
Confession of judgment.
A confession of judgment is in law a release of errors.
(Code 1852, §3036; Code 1867, §3504; Code 1876, §3945;Code 1886, §3660; Code 1896, §477; Code 1907, §2892; Code 1923, §6152; Code 1940, T. 7, §813.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 1 - Judgments, Decrees and Orders Supporting Appeal. › Section 12-22-2 - Final Judgments of Circuit or Probate Courts.

Section 12-22-2
Final judgments of circuit or probate courts.
From any final judgment of the circuit court or probate court, an appeal lies to the appropriate appellate court as a matter of right by either party, or their personal representatives, within the time and in the manner prescribed by the Alabama Rules of Appellate Procedure.
(Code 1867, §3485; Code 1876, §3916; Code 1886, §3611; Code 1896, §426; Code 1907, §2837; Code 1923, §6078; Code 1940, T. 7, §754.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 1 - Judgments, Decrees and Orders Supporting Appeal. › Section 12-22-3 - Judgments or Decrees of Abolished Courts of Record.

Section 12-22-3
Judgments or decrees of abolished courts of record.
If a court of record ceases to exist by reason of the repeal of the statute creating it and, while existing, rendered a judgment or decree from which an appeal would lie, within the time prescribed by law, an appeal therefrom may be taken by filing a notice of appeal with the clerk or register of the court to which the unfinished business or the records of such inferior court may be transferred as if such judgment or decree had been rendered in the court having the jurisdiction of such unfinished business or the custody of such records. In the event of the reversal of such judgment or decree, the remandment of the case must be to the latter court.
(Code 1876, §§3919, 3920; Code 1886, §3618; Code 1896, §435; Code 1907, §2847; Code 1923, §6089; Code 1940, T. 7, §753.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 1 - Judgments, Decrees and Orders Supporting Appeal. › Section 12-22-4 - Judgment on Partial or Annual Settlement of Estate.

Section 12-22-4
Judgment on partial or annual settlement of estate.
From a judgment of the circuit court or probate court on a partial or annual settlement of an estate of a deceased person, an appeal lies to the Supreme Court; but this section shall not be construed as to prevent the presentation of an issue upon appeal taken after a final determination of the case.
(Code 1896, §433; Code 1907, §2845; Code 1923, §6087; Code 1940, T. 7, §763.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 1 - Judgments, Decrees and Orders Supporting Appeal. › Section 12-22-5 - Final Judgment in Ad Quod Damnum Proceedings Under Condemnation Order.

Section 12-22-5
Final judgment in ad quod damnum proceedings under condemnation order.
When an appeal is taken to the appropriate appellate court by either party pursuant to Rule 4, Alabama Rules of Appellate Procedure, from a final judgment in the circuit court in ad quod damnum proceedings under Section 18-1-20, the judgment of the circuit court shall not be stayed if the compensation assessed is paid to the owner and the costs of the case are paid into court, or if such compensation together with the costs of the case are paid into court and the applicant has given bond in double the amount of the damages assessed, conditioned to pay to the landowner such judgment as may be finally entered in his favor.
(Code 1907, §2842; Acts 1911, No. 442, p. 625; Code 1923, §6084; Code 1940, T. 7, §760.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 1 - Judgments, Decrees and Orders Supporting Appeal. › Section 12-22-6 - Judgments on Applications for Remedial Writs.

Section 12-22-6
Judgments on applications for remedial writs.
Appeals may be taken to the appropriate appellate court from the judgment of the circuit court on application for writs of certiorari, supersedeas, quo warranto, mandamus, prohibition, injunction and other remedial writs as provided by the Alabama Rules of Appellate Procedure; but such appeal shall not operate as a stay of execution unless supersedeas bond is given by the appellant pursuant to Rule 8 of the Alabama Rules of Appellate Procedure. But this section shall not be construed as to prevent the presentation of an issue upon appeal taken after a final determination of the case.
(Code 1876, §3923; Code 1886, §3616; Code 1896, §431; Code 1907, §2843; Code 1923, §6085; Code 1940, T. 7, §761.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 1 - Judgments, Decrees and Orders Supporting Appeal. › Section 12-22-7 - Applications for Temporary Restraining Orders Generally; Renewal of Applications.

Section 12-22-7
Applications for temporary restraining orders generally; renewal of applications.
If any application is made to a circuit court judge for a temporary restraining order and refused, no other circuit court judge can act on the application. The application may be made to a judge of the Court of Civil Appeals or Supreme Court; if refused by a judge of the Court of Civil Appeals, it may be renewed to a judge of the Supreme Court, but no other officer, and, if refused by a judge of the Supreme Court, it cannot be renewed. Application to an appellate judge shall be made and acted upon in accordance with the Alabama Rules of Civil Procedure.
(Code 1852, §2976; Code 1867, §3431; Code 1876, §3872; Code 1886, §3525; Code 1896, §790; Code 1907, §4519; Code 1923, §8295; Code 1940, T. 7, §1045.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 1 - Judgments, Decrees and Orders Supporting Appeal. › Section 12-22-8 - Applications to Supreme Court or Court of Civil Appeals for Temporary Restraining Orders or Other Equitable Process.

Section 12-22-8
Applications to Supreme Court or Court of Civil Appeals for temporary restraining orders or other equitable process.
No application shall be made to a justice of the Supreme Court or a judge of the Court of Civil Appeals for a temporary restraining order or other equitable process which may be granted by any other judge or officer unless the same has been made to such other judge or officer and refused by him.
(Code 1852, §2977; Code 1867, §3432; Code 1876, §3873; Code 1886, §3526; Code 1896, §791; Code 1907, §4520; Code 1923, §8296; Code 1940, T. 7, §1046.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 1 - Judgments, Decrees and Orders Supporting Appeal. › Section 12-22-9 - Order Appointing or Refusing to Appoint Receiver.

Section 12-22-9
Order appointing or refusing to appoint receiver.
An appeal will lie to the appropriate appellate court from an order appointing or refusing to appoint a receiver.
(Code 1867, §4422; Code 1876, §3921; Code 1886, §2614; Code 1896, §429; Code 1907, §2840; Code 1923, §6082; Code 1940, T. 7, §758.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 1 - Judgments, Decrees and Orders Supporting Appeal. › Section 12-22-10 - Grant or Refusal of Motion for New Trial.

Section 12-22-10
Grant or refusal of motion for new trial.
Either party in a civil case, or the defendant in a criminal case, may appeal to the appropriate appellate court from an order granting or refusing a motion for a new trial by the circuit court.
(Code 1896, §434; Code 1907, §2846; Acts 1915, No. 656, p. 722; Code 1923, §6088; Code 1940, T. 7, §764; Acts 1949, No. 57, p. 81.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 2 - Appeals From Probate Court. › Section 12-22-20 - Final Judgments, Orders, or Decrees Generally.

Section 12-22-20
Final judgments, orders, or decrees generally.
An appeal lies to the circuit court or Supreme Court from any final decree of the probate court, or from any final judgment, order or decree of the probate judge; and, in all cases where it may of right be done, the appellate court shall render such decree, order or judgment as the probate court ought to have rendered.
(Code 1867, §2247; Code 1876, §3957; Code 1886, §3640; Code 1896, §457; Code 1907, §2855; Code 1923, §6114; Code 1940, T. 7, §775.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 2 - Appeals From Probate Court. › Section 12-22-21 - Other Orders, Judgments, or Decrees.

Section 12-22-21
Other orders, judgments, or decrees.
Appeal from the order, judgment or decree of the probate court may be taken by the party aggrieved to the circuit court or Supreme Court in the cases hereinafter specified. Appeals to the Supreme Court shall be governed by the Alabama Rules of Appellate Procedure, including the time for taking an appeal. Appeal to the circuit court in such cases shall be within the time hereinafter specified:
(1) From the decree, judgment or order on a contest as to the validity of a will, to be taken within 42 days after the determination of the contest;
(2) From the decree, judgment or order on an application claiming the right to execute a will or administer an estate, to be taken within 42 days after the hearing and decision of such application, unless the application was denied because the applicant was deemed unfit to serve by reason of a conviction of an infamous crime or by reason of improvidence, intemperance or want of understanding, in which case the appeal must be taken within seven days from the denial of the application;
(3) Upon any decree, judgment or order removing an executor or administrator, in which case the appeal must be taken within seven days after such decree, judgment or order;
(4) By a legatee or person entitled to distribution, on the decision of the court, in proceedings instituted to compel the payment of a legacy or distributive share, at any time within 42 days after such decision;
(5) After a final settlement, upon any order, judgment or decree, made on such settlement, or respecting any item or matter thereof, or any previous settlement or item, or matter thereof, within 42 days thereafter;
(6) Upon any issue as to the insolvency of an estate and upon any issue as to an allowance of any claim against insolvent estates, in which cases the appeal must be taken within 42 days after the determination of such issue; and
(7) On an application for a division or partition of real or personal property, in which case the appeal must be taken within 42 days, and the decree, judgment or order may be stayed upon the execution, within 14 days, of a supersedeas bond, payable to the appellee, in an amount and upon condition to be prescribed by the probate judge, such stay of execution to continue until the appeal is decided.
(Code 1852, §1888; Code 1867, §2244; Code 1876, §3954; Code 1886, §3641; Code 1896, §458; Code 1907, §2856; Code 1923, §6115; Code 1940, T. 7, §776.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 2 - Appeals From Probate Court. › Section 12-22-22 - Appeal From Circuit Court Judgment on Appeal.

Section 12-22-22
Appeal from circuit court judgment on appeal.
An appeal to the Supreme Court may be taken from the judgment of the circuit court on an appeal brought to such court under the provisions of this division.
(Code 1852, §1894; Code 1867, §2253; Code 1876, §3963; Code 1886, §3642; Code 1896, §459; Code 1907, §2857; Code 1923, §6116; Code 1940, T. 7, §777.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 2 - Appeals From Probate Court. › Section 12-22-23 - Contest of Will Removed to Probate Court of Another County.

Section 12-22-23
Contest of will removed to probate court of another county.
Upon the contest of a will removed from the probate court of the county in which it was propounded to the probate court of another county for trial, an appeal lies to the Supreme Court.
(Code 1852, §1889; Code 1867, §2248; Code 1876, §3958; Code 1886, §3643; Code 1896, §460; Code 1907, §2858; Code 1923, §6117; Code 1940, T. 7, §778.)