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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15-11-12
Section 15-11-12 Requiring witnesses to enter undertaking; form of undertaking. (a) The court may require the witnesses for the prosecution to enter into an undertaking, in the sum of $100.00 each, to appear and testify at the court having cognizance of the offense and, if requested by the defendant, may require his witnesses to enter into such undertaking. (b) The undertaking of the witnesses for the prosecution or defense may be in substance as follows: "The State of Alabama, ) We, A.B., C.D., and E.F., witnesses against (or for, as the case may be), G.H., ___ County, ) charged with a public offense, do each agree to appear at the district court of _____ County, to give evidence against (or for, as the case may be) him and, failing to do so, to pay to the State of Alabama (or to the said G. H., if the undertaking is for the defendant's witnesses) $100.00. Dated this _____ day of _____, 20__. (Signed) A.B. C.D. E.F. Taken by L. M., Judge, District Court." (c) Whenever the court...
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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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12-21-181
Section 12-21-181 Compelling of appearance and testimony of expert witnesses. A witness who is an expert in any art, science, trade or profession may be compelled to appear and testify to an opinion as such expert in relation to any matter whenever such opinion is material evidence relevant to an issue on trial before a court or jury without payment or tender of compensation other than the per diem and mileage allowed by law to witnesses under the same rules and regulations by which he can be compelled to appear and testify as to his knowledge of facts relevant to the same issue. (Code 1923, §7713; Code 1940, T. 7, §366.)...
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26-2B-105
Section 26-2B-105 Cooperation between courts. (a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (1) Hold an evidentiary hearing. (2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state. (3) Order that an evaluation or assessment be made of the respondent. (4) Order any appropriate investigation of a person involved in a proceeding. (5) Forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph (1) or any other proceeding, any evidence otherwise produced under paragraph (2), and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4). (6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or...
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45-49-120.25
Section 45-49-120.25 Investigations. The board or its designated agent shall make studies upon all matters touching the enforcement and the effect of this part and the rules and regulations prescribed thereunder. Members of the board or its agent or agents may visit all places of employment and services affected by this part in order to ascertain and advise with the heads of the various departments concerning their methods of handling those matters affecting employees in the service, such as hours of work, attendance, training, working conditions, and morale, and in order to ascertain whether this part and the rules promulgated thereunder are obeyed. The board in the course of such inquiries shall have the power to administer oaths, and subpoena and require the attendance of witnesses and the production of books, papers, documents, and accounts pertaining to the subject under investigation. All hearings and inquiries made by the board shall be governed by this part and by rules or...
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13A-10-122
Section 13A-10-122 Bribe receiving by a witness. (a) A witness or a person believing he will be called as a witness in any official proceeding commits the crime of bribe receiving by a witness if he solicits, accepts or agrees to accept any thing of value upon an agreement or understanding that: (1) His testimony will thereby be corruptly influenced; (2) He will attempt to avoid legal process summoning him to testify; or (3) He will attempt to absent himself from an official proceeding to which he has been legally summoned. (b) This section does not apply to the payment of additional compensation to an expert witness over and above the amount otherwise prescribed by law to be paid to a witness. (c) Bribe receiving by a witness is a Class C felony. (Acts 1977, No. 607, p. 812, §5010; Acts 1979, No. 79-741, p. 862, §1.)...
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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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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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28-4-316
Section 28-4-316 Grand jury proceedings generally - Effect of failure of person to attend and testify in obedience to summons. Any person who is summoned as a witness before the grand jury to answer as to any violation of law for the suppression of intemperance or prohibiting the manufacture, sale or other disposition of prohibited liquors or beverages or the keeping or maintaining of any unlawful drinking place, or liquor nuisance and who fails or refuses to attend and testify in obedience to such summons without good cause, to be determined by the court, is guilty of contempt and also of a misdemeanor and, on conviction of such misdemeanor, must be fined not less than $20.00 nor more than $300.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than three months, at the discretion of the court. (Acts 1909, No. 191, p. 63; Code 1923, §4633; Code 1940, T. 29, §109.)...
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