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7-2A-214
Section 7-2A-214 Exclusion or modification of warranties. (1) Words or conduct relevant to
the creation of an express warranty and words or conduct tending to negate or limit a warranty
must be construed wherever reasonable as consistent with each other; but, subject to the provisions
of Section 7-2A-202 on parol or extrinsic evidence, negation or limitation is inoperative
to the extent that the construction is unreasonable. (2) Subject to subsection (3): (a) to
exclude or modify the implied warranty of "merchantability," or any part of it the
language must mention merchantability, be by a writing, and be conspicuous. Language to exclude
the implied warranty of merchantability is sufficient if it is in writing, is conspicuous
and states, for example, "There is no warranty that the goods will be merchantable."
(b) to exclude or modify any implied warranty of fitness the exclusion must be by a writing
and be conspicuous. Language to exclude all implied warranties of fitness is sufficient...
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10A-1-1.04
Section 10A-1-1.04 Disinterested person. (a) For purposes of this title, a person is disinterested
with respect to the approval of a contract, transaction, or other matter or to the consideration
of the disposition of a claim or challenge relating to a contract, transaction, or particular
conduct, if the person or the person's associate: (1) is not a party to the contract or transaction
or materially involved in the conduct that is the subject of the claim or challenge; and (2)
does not have a material financial interest in the outcome of the contract or transaction
or the disposition of the claim or challenge. (b) For purposes of subsection (a), a person
is not materially involved in the conduct that is the subject of a claim or challenge and
does not have a material financial interest in the outcome of a contract or transaction or
the disposition of a claim or challenge solely because: (1) the person was nominated or elected
as a governing person by a person who is: (A) interested in...
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12-21-246
Section 12-21-246 Subpoena of witnesses - Execution. (a) In criminal cases, at the request
of the state, or the defendant or the defendant's attorney, the clerk of the court must issue
subpoenas for witnesses whose address shall be given by the person requesting the subpoena,
specifying therein the time and place for their appearance, the title of the case and at whose
instance the witness is summoned, and commanding the witness to appear in conformity therewith
and give testimony. (b) No subpoena shall issue for a witness residing more than 100 miles
from the place of trial, computed by the route usually traveled, unless the person requesting
the subpoena makes affidavit that the personal attendance of the witness is necessary to a
proper decision of the case and that the deposition of the witness would be insufficient for
that purpose, and the fact that such affidavit has been made must be endorsed by the clerk
upon the subpoena. (c) A subpoena issued under this section shall be...
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12-21-300
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...
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13A-9-13.3
Section 13A-9-13.3 Negotiating worthless negotiable instrument - Prima facie evidence of identity.
(a) In any prosecution or action under the provisions of Section 13A-9-13.1, a negotiable
instrument for which the information required in subsections (b) and (c) of this section is
available at the time of issuance shall constitute prima facie evidence of the identity of
the party issuing the negotiable instrument and that such person was a party authorized to
draw upon the named account. (b) To establish this prima facie evidence, the following information
regarding the identity of the party presenting the negotiable instrument shall be requested
by the party receiving such instrument: The presenter's name, residence address, and home
phone number. Such information may be provided by either of two methods: (1) It may be recorded
upon the negotiable instrument itself; or (2) The number of a check-cashing identification
card issued by the receiving party may be recorded on the negotiable...
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17-3-30.1
Section 17-3-30.1 Disqualification of electors for felonies involving moral turpitude. (a)
This section shall be known and may be cited as the Felony Voter Disqualification Act. (b)(1)
The Legislature finds and declares that: a. Article VIII of the Constitution of Alabama of
1901, now appearing as Section 177 of Article VIII of the Official Recompilation of the Constitution
of Alabama of 1901, as amended, provides that Alabama citizens shall lose the right to vote
when convicted of a crime only if the conviction was for a felony involving moral turpitude.
b. Under general law, there is no comprehensive list of felonies that involve moral turpitude
which disqualify a person from exercising his or her right to vote. Neither individuals with
felony convictions nor election officials have a comprehensive, authoritative source for determining
if a felony conviction involves moral turpitude and is therefore a disqualifying felony. (2)
The purposes of this section are: a. To give full effect...
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24-8-11
Section 24-8-11 Procedures for investigation; subpoenas. (a) In conducting an investigation,
the office shall have access at all reasonable times to premises, records, documents, individuals,
and other evidence or possible sources of evidence and may examine, record, and copy the materials
and take and record the testimony or statements of persons as are reasonably necessary for
the furtherance of the investigation, provided the office first complies with the constitutional
provisions relating to unreasonable searches and seizures. The office may issue subpoenas
to compel its access to or the production of the materials or the appearance of the persons
and may issue interrogatories to a respondent, to the same extent and subject to the same
limitations as would apply if the subpoenas or interrogatories were issued or served in aid
of a civil action in court. The office may administer oaths. Any examination, recording, copying
of materials, and the taking and recording of testimony or...
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31-2A-46
Section 31-2A-46 (Article 46.) Opportunity to obtain witnesses and other evidence; subpoena.
The trial counsel, the defense counsel, and the court-martial shall have equal opportunity
to obtain witnesses and other evidence as prescribed by regulations and provided by law. Process
issued in court-martial cases to compel witnesses to appear and testify and to compel the
production of other evidence shall apply the principles of law and the rules of courts-martial
generally recognized in military criminal cases in the courts of the Armed Forces of the United
States, but which may not be contrary to or inconsistent with this code. Process shall run
to any part of the United States, or the territories, commonwealths, and possessions, and
may be executed by civil officers as prescribed by the laws of the place where the witness
or evidence is located or outside of the United States. A court-martial convened under this
code may subpoena and compel the presence of witnesses and the production...
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34-14B-10
Section 34-14B-10 Applicability to inspectors of Exterior Insulation and Finish Systems. Where
the Alabama Home Inspectors Registration Act contains a provision relating specifically to
home inspectors, such provision shall be made applicable to inspectors of Exterior Insulation
and Finish Systems (EIFS) except as to the following: (1) Applicants for licensure as an EIFS
inspector shall complete a separate application prescribed by the Building Commission demonstrating
evidence of the same requirements of Section 34-14B-3, except as to the provisions of subdivisions
(3) and (4) of subsection (a) of that section, and shall demonstrate evidence of licensure
as an EIFS inspector by the Exterior Design Institute or an equivalent professional body as
determined by the Building Commission in lieu of the successful completion of an examination
required of home inspectors pursuant to Section 34-14B-4.1. (2) A separate certificate of
licensure for EIFS inspectors shall be issued by the Building...
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34-24-173
Section 34-24-173 Rules of evidence in contested cases. In contested cases: (1) The rules of
evidence as applied in nonjury civil cases in the circuit courts of this state shall be followed.
When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence
not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably
prudent persons in the conduct of their affairs. The board shall give effect to the rules
of privilege recognized by law. Except as hereinafter provided, objections to evidentiary
offers may be made and shall be noted in the record. Whenever any evidence is excluded as
inadmissible, all such evidence existing in written form shall remain a part of the record
as an offer of proof. The party seeking the admission of oral testimony may make an offer
of proof by means of a brief statement on the record describing the testimony excluded. All
rulings on the admissibility of evidence shall be final and shall appear...
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