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31-2-102
Section 31-2-102 Courts-martial for members of National Guard - Payment of expenses.
All expenses incurred in court-martial proceedings, including the payment of a reporter, sheriff's
fees for service of complaints, warrants, summons, and subpoenas, witness fees, and the payment
of officers and the judge advocate of the court, shall be paid out of the regular military
appropriations by warrant on the Comptroller, with the approval of the Governor. Sheriffs'
fees and witness fees in court-martial proceedings shall be allowed in the same amounts as
are allowed in criminal cases in the civilian courts of this state. (Acts 1936, Ex. Sess.,
No. 143, p. 105; Code 1940, T. 35, §134; Acts 1973, No. 1038, p. 1572, §103.)...
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40-2-20
Section 40-2-20 Witnesses - Incriminating testimony; perjury. No witness shall be excused
from attending or testifying or from producing books, papers, records, accounts, and other
documents before the department or in obedience to the subpoena issued by or in the name of
the department on the ground or for the reason that the testimony, documentary or otherwise,
required of him may tend to incriminate him or subject him to penalty or forfeiture. But no
person shall be prosecuted or subject to any penalty or forfeiture for or on account of any
transaction, matter, or thing concerning which he may testify or produce evidence, documentary
or otherwise, before the commission or in obedience to its subpoena, but no person so testifying
shall be exempt from prosecution and punishment for perjury committed in so testifying. (Acts
1935, No. 194, p. 256; Code 1940, T. 51, §137.)...
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31-2A-49
Section 31-2A-49 (Article 49.) Depositions. (a) At any time after charges have been
signed as provided in Section 31-2A-30 (Article 30), any party may take oral or written
depositions unless the military judge or summary court-martial officer hearing the case or,
if the case is not being heard, an authority competent to convene a court-martial for the
trial of those charges forbids it for good cause. (b) The party at whose instance a deposition
is to be taken shall give to every other party reasonable written notice of the time and place
for taking the deposition. (c) Depositions may be taken before and authenticated by any military
or civil officer authorized by the laws of the state or by the laws of the place where the
deposition is taken to administer oaths. (d) A duly authenticated deposition taken upon reasonable
notice to the other parties, so far as otherwise admissible under the rules of evidence, may
be read in evidence or, in the case of audiotape, videotape, digital image...
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12-21-6
Section 12-21-6 Copy of hospital records - Subpoena duces tecum; inspection; form; weight.
(a) A certified copy of said hospital records may be procured by any litigant in any court
of competent jurisdiction in the state by subpoena duces tecum, and when any such subpoena
duces tecum is issued for said hospital records, the custodian of said hospital records shall
prepare a copy of said hospital records as provided in this subsection and securely seal the
same in an envelope or other container and date and fill out and sign a certificate in substantially
the form provided in Section 12-21-7 and place on, or securely fasten said certificate
to the outside of, said envelope or container in which said copy of said hospital records
are placed and deliver the same to the clerk or register of the court hearing, or to hear
or to try, the case or proceeding in which the records are sought, and he shall not otherwise
be required to appear in court unless thereafter ordered to do so by the...
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23-1-368
Section 23-1-368 Investigations; administration of oaths; subpoena of witnesses; enforcement
of subpoena. The director may conduct investigations and hold inquiries relating to this article.
All investigations conducted shall be open to the public. The director may administer oaths
and affirmations, certify official acts, issue subpoenas, and compel the attendance and testimony
of witnesses and the production of papers, books, and documents. In case of failure to comply
with any subpoena or order issued under the authority granted by this article, the director
may invoke the aid of any circuit court of the state. The court may order the witness to comply
with the requirements of the subpoena or order or to give evidence relating to the matter
in question. Any failure to obey the order of the court may be punished by the court as contempt
thereof. (Act 2000-220; p. 328, §21.)...
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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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12-21-248
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...
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12-19-171
Section 12-19-171 Schedule and distribution of fees - Juvenile and criminal cases in
district and circuit courts. (a) The following docket fees shall be collected for juvenile
and criminal cases in the district court and the circuit court: (1) District Court: a. Traffic
infraction $92.00 b. Issuance of alias writ 20.00 c. Misdemeanor-violation 117.00 d. Felony
guilty plea 185.00 e. Preliminary hearing 30.00 f. Bond forfeiture 65.00 (2) Circuit Court:
a. Issuance of alias writ 30.00 b. Misdemeanor 117.00 c. Felony 185.00 d. Bond forfeiture
65.00 (3) Docket fees for cases in the juvenile division of the district court or circuit
court shall be assessed at eighty-five dollars ($85) and shall be distributed as follows:
a. Sixteen dollars ($16) to the Fair Trial Tax Fund. b. Forty-nine dollars ($49) to the State
General Fund. c. Ten dollars ($10) to the county general fund. d. Five dollars ($5) to the
Peace Officers' Standards and Training Fund. e. Five dollars ($5) to the Advanced...
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32-5A-177
Section 32-5A-177 Charging violations; burden of proof in civil actions; arrest for
violation of speed laws communicated from officer operating measuring device to another officer;
testimony derived from use of speed measuring device. (a) In every charge of violation of
any speed regulation in this article the complaint, also the summons or notice to appear,
shall specify the speed at which the defendant is alleged to have driven, also the maximum
speed applicable within the district or at the location. (b) The provision of this article
declaring maximum speed limitations shall not be construed to relieve the plaintiff in any
action from the burden of proving negligence on the part of the defendant as the proximate
cause of an accident. (c) Any state trooper, upon receiving information relayed to him or
her from a fellow officer stationed on the ground or in the air operating a speed measuring
device that a driver of a vehicle has violated the speed laws of this state, may arrest the...
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12-21-283
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...
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