Alabama Rules of Evidence
The Alabama Rules of Evidence are a set of rules that govern how evidence may be collected, presented and applied in both civil and criminal matters in Alabama state courts. These rules are dervied from statutes, cases, and court promulgated rules. Alabama has modeled it’s rules of evidence after the Federal Rules of Evidence.
The rules of evidence do not apply to all court proceedings. For example, they do not apply in motion in limine hearings where a judge decides preliminarily issues of fact dealing with admissibility.
The Alabama Rules of Evidence are construed to secure fairness and eliminate unjustifiable expense and delay. In addition, the rules aim to promote growth and development of the law of evidence for ascertaining truth and justice.
Table of Contents of Alabama Rules of Evidence:
ARTICLE I. GENERAL PROVISIONS
Rule 101. Scope.
Rule 102. Purpose and construction.
Rule 103. Rulings on evidence.
Rule 104. Preliminary questions.
Rule 105. Limited admissibility.
Rule 106. Remainder of writings or recorded statements.
ARTICLE II. JUDICIAL NOTICE
Rule 201. Judicial notice of adjudicative facts.
ARTICLE III. PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS
Rule 301. Presumptions in general in civil actions and proceedings.
Rule 302. Applicability of federal law in civil actions and proceedings.
ARTICLE IV. RELEVANCY AND ITS LIMITS
Rule 401. Definition of “relevant evidence.”
Rule 402. Relevant evidence generally admissible; irrelevant evidence inadmissible.
Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time.
Rule 404. Character evidence not admissible to prove conduct; exceptions; other crimes, wrongs, or acts.
Rule 405. Methods of proving character.
Rule 406. Habit; routine practice.
Rule 407. Subsequent remedial measures.
Rule 408. Compromise and offers to compromise.
Rule 409. Payment of medical and similar expenses.
Rule 410. Inadmissibility of pleas, plea discussions, and related statements.
Rule 411. Liability insurance.
Rule 412. Admissibility of evidence relating to past sexual behavior of complaining witness in prosecution for …
ARTICLE V. PRIVILEGES
Rule 501. Privileges recognized only as provided.
Rule 502. Attorney-client privilege.
Rule 503. Psychotherapist-patient privilege.
Rule 503A. Counselor-client privilege.
Rule 504. Husband-wife privilege.
Rule 505. Communications to clergymen.
Rule 506. Political vote.
Rule 507. Trade secrets.
Rule 508. Secrets of state and other official information: Governmental privileges.
Rule 509. Identity of informer.
Rule 510. Waiver of privilege by voluntary disclosure.
Rule 511. Privileged matter disclosed under compulsion or without opportunity to claim privilege.
Rule 512. Comment upon or inference from claim of privilege in criminal cases; instruction.
Rule 512A. Comment upon or inference from claim of privilege in civil cases.
ARTICLE VI. WITNESSES
Rule 601. General rule of competency.
Rule 602. Lack of personal knowledge.
Rule 603. Oath or affirmation.
Rule 604. Interpreters.
Rule 605. Competency of judge as witness.
Rule 606. Competency of juror as witness.
Rule 607. Who may impeach.
Rule 608. Evidence of character and conduct of witness.
Rule 609. Impeachment by evidence of conviction of crime.
Rule 610. Religious beliefs or opinions.
Rule 611. Mode and order of interrogation and presentation.
Rule 612. Writing used to refresh memory.
Rule 613. Prior statements of witnesses.
Rule 614. Calling and interrogation of witnesses by court.
Rule 615. Exclusion of witnesses.
Rule 616. Impeachment by evidence of bias, prejudice, or interest.
ARTICLE VII. OPINIONS AND EXPERT TESTIMONY
Rule 701. Opinion testimony by lay witnesses.
Rule 702. Testimony by experts.
Rule 703. Bases of opinion testimony by experts.
Rule 704. Opinion on ultimate issue.
Rule 705. Disclosure of facts or data underlying expert opinion.
Rule 706. Court appointed experts.
ARTICLE VIII. HEARSAY
Rule 801. Definitions.
Rule 802. Hearsay rule.
Rule 803. Hearsay exceptions; availability of declarant immaterial.
Rule 804. Hearsay exceptions; declarant unavailable.
Rule 805. Hearsay within hearsay.
Rule 806. Attacking and supporting credibility of declarant.
ARTICLE IX. AUTHENTICATION AND IDENTIFICATION 3
Rule 901. Requirement of authentication or identification.
Rule 902. Self-authentication.
Rule 903. Subscribing witness’s testimony unnecessary.
ARTICLE X. CONTENTS OF WRITINGS 8
Rule 1001. Definitions.
Rule 1002. Requirement of original.
Rule 1003. Admissibility of duplicates.
Rule 1004. Admissibility of other evidence of contents.
Rule 1005. Public records.
Rule 1006. Summaries.
Rule 1007. Testimony or written admission of party.
Rule 1008. Functions of court and jury.
ARTICLE XI. MISCELLANEOUS RULES
Rule 1101. Rules applicable.
Rule 1102. Title.
Rule 1103. Effective date.
The Alabama Rules of Evidence are currently not available electronically through any government website however, the Alabama Rules on Evidence and Witnesses are available.