13A-12-193
Section 13A-12-193 Proof of age of person contained in visual depiction; inferences as to age.
(a) In proving that a person in a visual depiction who is engaged in any obscene act set out
in Sections 13A-12-191, 13A-12-192, 13A-12-196 and 13A-12-197 is under the age of 17 years,
the state is not required to introduce into evidence a birth certificate, produce testimony
as to the date of birth of such person, or produce testimony of any person who knows or is
acquainted with the person alleged to be under the age of 17 years. If the defendant or the
state intends to rely on a birth certificate to prove the date of birth of any person in the
visually reproduced matter, such defendant or the state shall file with the clerk of the court
in which the action is pending, at least 15 days prior to trial, a notice of an intention
to rely on an official, certified copy of a birth certificate together with a copy of the
birth certificate. (b) A jury, or the court if a jury trial is waived, may...
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45-35A-51.27
Section 45-35A-51.27 Attendance of witnesses; fees; false oaths. Any person who shall be served
with a subpoena, issued in the course of an investigation or hearing conducted under this
part, to appear and testify or to produce records, books, and papers, who shall disobey or
neglect to obey any such subpoena shall be guilty of a misdemeanor and punished as provided
by the general laws of the state. The fees of witnesses for attendance shall be the same as
fees of witnesses before the courts of record and shall be paid as provided in this part.
Any judge of a court of record, upon application of a member of the board or the director,
shall compel the attendance of witnesses, the production of records, books, and papers and
the giving of testimony before the board, by attachment, contempt proceedings or otherwise,
in the same manner as the production of evidence may be compelled before the court. Any person
who, having taken oath or made affirmation in the cause of any investigation or...
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45-49-120.28
Section 45-49-120.28 Attendance of witnesses; fees; false oaths. Any person who shall be served
with a subpoena, issued in the course of an investigation or hearing conducted under this
part, to appear and testify or to produce books and papers, who shall disobey or neglect to
obey any such subpoena shall be guilty of a misdemeanor. The fees of witnesses for attendance
and travel shall be the same as fees of witnesses before the courts of record and shall be
paid as is provided in Section 45-49-120.29. Any judge of a court of record, either in term
time or vacation upon application of a member of the board or the director, shall compel the
attendance of witnesses, the production of books and papers, and the giving of testimony before
the board or an agent thereof by attachment, or contempt, or otherwise, in the same manner
as the production of evidence shall be compelled before the court. Any person who, having
taken oath or made affirmation in the cause of any investigation or hearing...
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26-2B-106
Section 26-2B-106 Taking testimony in another state. (a) In a guardianship or protective proceeding,
in addition to other procedures that may be available, testimony of a witness who is located
in another state may be offered by deposition or other means allowable in this state for testimony
taken in another state. The court on its own motion may order that the testimony of a witness
be taken in another state and may prescribe the manner in which and the terms upon which the
testimony is to be taken. (b) In a guardianship or protective proceeding, a court in this
state may permit a witness located in another state to be deposed or to testify by telephone
or audiovisual or other electronic means. A court of this state shall cooperate with the court
of the other state in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of this state by technological
means that do not produce an original writing may not...
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28-4-274
Section 28-4-274 Forfeiture and condemnation proceedings generally - Entry of judgment of dismissal
and return of liquors and beverages, etc., to place or person from which or from whom taken
generally. If the testimony produced on the hearing before the judge or upon such trial before
the judge or court shall fail to establish the complaint or that a ground existed for the
issuance of the warrant or that the liquors and beverages and vessels and receptacles were
kept, stored or deposited for the purpose of unlawful sale, distribution or delivery within
this state, judgment shall be entered dismissing such complaint and providing that such liquors
and beverages and the vessels and receptacles containing the same be returned to the place
from which or to the person from whom they were taken. (Acts 1909, No. 191, p. 63; Acts 1915,
No. 2, p. 8; Code 1923, §4759; Code 1940, T. 29, §228.)...
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12-21-135.1
Section 12-21-135.1 Video testimony by certain witnesses. (a) This section shall be known as
the "Alabama Armed Services Accommodation Act." (b) The Legislature finds it to
be an important matter of public policy that an accommodation be made for military members
who are asked to testify in civil or criminal trials in this state but are unable to attend
in person. The purpose of this section is to ease the burdens on military personnel and their
families brought on by the duty of appearing as a witness in a trial in this state when summoned.
The purpose of this section is also to allow members of the armed services to assist in trials
in this state as witnesses without interrupting their military service, while protecting the
rights of all parties in civil or criminal litigation. The purpose of this section is also
to better enable the fact-finder to obtain crucial evidence and will aid in the expeditious
resolution of cases in this state by providing a procedure in which testimony of...
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12-21-163
Section 12-21-163 Witness having interest. In civil actions and proceedings, there must be
no exclusion of any witness because he is a party or interested in the issue tried, except
that no person having a pecuniary interest in the result of the action or proceeding shall
be allowed to testify against the party to whom his interest is opposed as to any transaction
with, or statement by, the deceased person whose estate is interested in the result of the
action or proceeding or when such deceased person, at the time of such transaction or statement,
acted in any representative or fiduciary relation whatsoever to the party against whom such
testimony is sought to be introduced, unless called to testify thereto by the party to whom
such interest is opposed or unless the testimony of such deceased person in relation to such
transaction or statement is introduced in evidence by the party whose interest is opposed
to that of the witness or has been taken and is on file in the case. No person...
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34-24-194
Section 34-24-194 Complaint charging violation of article; hearing; subpoenas; judicial review
of revocation or refusal of license. (a) Any person may file a complaint with the board against
any licensed physical therapist or licensed physical therapist assistant in the state charging
the person with a violation of this article. The complaint shall set forth specifications
of charges in sufficient detail to disclose to the accused fully and completely the alleged
acts of misconduct for which he or she is charged. When a complaint is filed, the executive
director of the board shall mail a copy thereof to the accused by registered mail at his or
her address of record, with a written notice of the time and place of a hearing of the complaint,
advising the accused that he or she may be present in person and by counsel if he or she so
desires to offer testimony and evidence in his or her defense. (b) The board may issue subpoenas
and compel the attendance of any witness or the production of...
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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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25-2-23
Section 25-2-23 Powers of secretary, officers of department and board of appeals as to witnesses.
The Secretary of Labor, any officer of the Department of Labor designated by the secretary
and the members of the board of appeals, in the performance of any function or duty or the
execution of any power prescribed by law, shall have the power to administer oaths, certify
to official acts, take and cause to be taken depositions of witnesses, issue subpoenas, compel
the attendance of witnesses and the production of papers, books, accounts, payrolls, documents,
records and testimony. In the event of failure of any person to comply with any subpoena lawfully
issued, or on the refusal of any witness to produce evidence or to testify as to any matter
regarding which he may be lawfully interrogated, it shall be the duty of any court of competent
jurisdiction or of the judge thereof, upon the application of the Secretary of Labor or any
officer of the Department of Labor designated by the...
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