12-16-7
Section 12-16-7 Duty of juror to declare personal knowledge as to fact in controversy during
trial and proceedings upon such declaration; proceedings upon declaration of fact by juror
during retirement of jury. If a juror has personal knowledge respecting any fact in controversy,
he must declare it in open court during the trial; and, if during the retirement of the jury
a juror declares a fact as of his own knowledge which could be evidence in the case, the jury
must forthwith return into court and such juror must, in either case, be sworn and examined
as a witness in the presence of the parties. (Code 1852, §648; Code 1867, §4200; Code 1876,
§4905; Code 1886, §4475; Code 1896, §5299; Code 1907, §7896; Code 1923, §5634; Code 1940,
T. 30, §7.)...
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12-21-264
Section 12-21-264 Taking of deposition or videotaped deposition when victim or witness unavailable
because of exceptional circumstances. (a) In any criminal prosecution, the court may, upon
motion of the district attorney, the defense, or the court, for good cause shown and after
notice to the parties, order the taking of a deposition or a videotaped deposition of a victim
or a witness when the victim or witness is or may be unavailable for trial for medical reasons
or other exceptional circumstances. On any motion for a deposition or a videotaped deposition
of the victim or witness, the court shall consider the age of the victim or witness, the potential
unavailability of the victim or witness for trial, the nature of the offense, the nature of
testimony that may be expected, and the possible effect that testimony in person at trial
may have on the victim or witness, along with any other relevant matters that may be required
by Supreme Court rule. During the taking of a deposition or...
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27-2-26
Section 27-2-26 Witnesses and evidence for examination, investigation or hearing - Generally.
(a) As to the subject of any examination, investigation, or hearing being conducted by him,
the commissioner may subpoena witnesses and administer oaths or affirmations and examine any
individual under oath or take depositions and, by subpoena duces tecum, may require and compel
the production of records, books, files, documents, and other evidence. (b) Witness fees and
mileage, if claimed, shall be allowed the same as for testimony in a circuit court. Witness
fees, mileage, and the actual expense necessarily incurred in securing attendance of witnesses
and their testimony shall be itemized and shall be paid by the person being examined if in
the proceedings in which such witness is called such person is found to have been in violation
of the law or by the person, if other than the commissioner, at whose request the hearing
is held. (c) Subpoenas of witnesses shall be served in the same manner...
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12-16-74
Section 12-16-74 Hearing of excuses, claims of exemptions, etc.; drawing, swearing and empaneling
of grand and petit jurors. The court shall require the names to be called from the venire
list of all persons who have been served with a summons to appear in court that day for service
as jurors and whose service has not been previously excused or postponed. The court may hear
any excuses not previously heard and shall pass upon the qualifications of those in attendance
for grand jury service. The court may in any case, including capital cases, excuse or postpone
the service of any prospective juror outside the presence of the parties and their counsel
in accordance with the provisions for excusal contained in Section 12-16-63. If a grand jury
is to be empaneled, the court shall draw from the venire list on a random basis the names
of 18 persons qualified and in attendance who shall be sworn and empaneled as the grand jury.
If a petit jury is also to be empaneled, all qualified persons...
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12-21-131
Section 12-21-131 Interpreters for persons defective in speech and/or hearing - Qualified interpreter
provided in certain criminal and juvenile proceedings; requirements; fees. (a) Deaf person
means any person either totally deaf, or who has defective hearing, or who has both defective
hearing and speech. (b) For the purpose of this section, the term qualified interpreter means
an interpreter certified by the National Registry of Interpreters for the Deaf, Alabama Registry
of Interpreters for the Deaf, or, in the event an interpreter so certified is not available,
an interpreter whose qualifications are otherwise determined. Efforts to obtain the services
of a qualified interpreter certified with a legal skills certificate or a comprehensive skills
certificate will be made prior to accepting services of an interpreter with lesser certification.
No qualified interpreter shall be appointed unless the appointing authority and the deaf person
make a preliminary determination that the...
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12-21-136
Section 12-21-136 Oath or affirmation for oral testimony. The sanction of an oath, or affirmation
equivalent thereto, is necessary to the reception of any oral testimony. The court may frame
such affirmation according to the religious faith of the witness. (Code 1907, §3959; Code
1923, §7655; Code 1940, T. 7, §364.)...
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12-21-139
Section 12-21-139 Disclosure of evidence sought by objected-to question. In the examination
of witnesses and the introduction of evidence, it shall not be necessary to state or disclose
to the court the substance of the anticipated answer of the witness or of the evidence sought
to be introduced by the question in order to put the court in error in its ruling on objection
to the question unless the court requests that counsel disclose to the court the evidence
sought by the question. (Acts 1927, No. 550, p. 636; Code 1940, T. 7, §445.)...
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12-21-142
Section 12-21-142 Exemption of news-gathering persons from disclosing sources. No person engaged
in, connected with or employed on any newspaper, radio broadcasting station or television
station, while engaged in a news-gathering capacity, shall be compelled to disclose in any
legal proceeding or trial, before any court or before a grand jury of any court, before the
presiding officer of any tribunal or his agent or agents or before any committee of the Legislature
or elsewhere the sources of any information procured or obtained by him and published in the
newspaper, broadcast by any broadcasting station, or televised by any television station on
which he is engaged, connected with or employed. (Acts 1935, No. 253, p. 649; Code 1940, T.
7, §370; Acts 1949, No. 376, p. 548.)...
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15-25-2
Section 15-25-2 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Videotaped deposition; who may be present; procedure; protective order. (a)
In any criminal prosecution referred to in Section 15-25-1, the court, upon motion of the
district attorney or Attorney General, for good cause shown and after notice to the defendant,
may order the taking of a videotaped deposition of an alleged victim of or witness to the
crime who is under the age of 16 at the time of the order. (b) On any motion for a videotaped
deposition of the victim or a witness, the court shall consider the age and maturity of the
child, the nature of the offense, the nature of testimony that may be expected, and the possible
effect that the testimony in person at trial may have on the victim or witness, along with
any other relevant matters that may be required by Supreme Court rule. (c) During the taping
of a videotaped deposition authorized pursuant to this section, the...
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30-3B-311
Section 30-3B-311 Warrant to take physical custody of child. (a) Upon the filing of a petition
seeking enforcement of a child custody determination, the petitioner may file a verified application
for the issuance of a warrant to take physical custody of the child if the child is imminently
likely to suffer serious physical harm or be removed from this state. (b) If the court, upon
the testimony of the petitioner or other witness, finds that the child is imminently likely
to suffer serious physical harm or be removed from this state, it may issue a warrant to take
physical custody of the child. The petition must be heard within 72 hours after the warrant
is executed unless impossible. In that event, the court shall hold the hearing on the next
judicial day. The application for the warrant must include the statements required by Section
30-3B-308(b). (c) A warrant to take physical custody of a child must: (1) Recite the facts
upon which a conclusion of imminent serious physical harm or...
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