Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-1-2 - RULES OF PRACTICE › Section 820-1-2-.14 - Evidence

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Secretary
			 will generally follow the established rules of evidence applicable to civil
			 actions at law and will depart therefrom only when it appears that such
			 departure will preserve the substantial rights of the parties.
(2) All testimony except as otherwise
			 directed must be given on oath or affirmation of the witness.
(3) In lieu of oral examination, parties may,
			 at the discretion of the Secretary or the presiding hearings examiner, present
			 the direct or redirect examination of a witness through prefiled testimony.
			 Such prefiled testimony shall be in written, question and answer form and shall
			 be filed at least 10 calendar days prior to the hearing unless directed
			 otherwise by the Secretary or the presiding hearings examiner. At the hearing,
			 such prefiled testimony may, upon motion, be incorporated into the record as if
			 the questions had been asked of the witness, and the answers had been given by
			 the witness orally, provided such testimony has been properly identified and
			 authenticated under oath by the witness for whom it is presented and further
			 provided that such witness is agreeable to submitting to
			 cross-examination.
(4)
			 Cross-examinations that are purely prejudicial or designed to embarrass a
			 witness shall not be allowed. This type of examination will be interrupted and
			 not permitted. The Secretary reserves the right to limit the number of
			 witnesses under testimony which may be merely cumulative.
(5) No person will be permitted to make a
			 statement of fact or present any argument pro or con in a formal hearing before
			 the Secretary or hearings examiner, unless the person will submit to an oath or
			 affirmation and unless that person is agreeable to submitting to
			 cross-examination. The foregoing, of course, does not apply to duly authorized
			 attorneys-at-law in presenting arguments to the Secretary or hearings
			 examiner.
(6) Except as to reports
			 and records made and preserved in the Office of the Secretary of State in its
			 regular course of business, the Secretary will not ordinarily admit letters or
			 other writings in evidence unless the signers thereof are available at the
			 hearing for cross-examination. There is no way for the Secretary to refuse to
			 receive such writings when sent through the mails or otherwise, but they will
			 not be admitted as evidence or in any other manner made a part of a formal
			 record. Likewise, resolutions adopted by the governing bodies of cities, towns,
			 counties or other municipal corporations, chambers of commerce, boards of trade
			 or other civic organizations shall not be admitted in evidence unless the
			 president, secretary or other proper officer who was present at the meeting
			 when the resolution was adopted and heard all discussion leading up to the
			 adoption of same is available at the hearing for cross-examination. Any
			 statements of fact contained in such resolutions shall not be deemed proof of
			 those facts but shall be subject to proof.
(7) Ordinarily in a formal proceeding, the
			 Secretary will not permit the incorporation of all or part of a record
			 previously made unless the party offering such previous record produces
			 certified copies thereof for introduction in evidence in sufficient number to
			 supply the record then being made and all interested parties with a copy
			 thereof. The Secretary will, when requested to do so, take official notice of
			 its previous decisions based upon prior record referred to, which should
			 suffice in most instances. Likewise, the Secretary generally will not permit
			 the introduction of written testimony of any kind unless sufficient copies are
			 available to parties adversely interested.
Author:
Charles E. Grainger, Jr.
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-4.