§ Rule 43 Evidence

Codes > Alabama Rules of Civil Procedure > VI Trials > Rule 43

Rule 43. Evidence.

    (a) Form and Admissibility. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided in these rules. Testimony in any uncontested action involving a divorce or annulment of marriage shall be taken before the clerk, unless otherwise ordered by the judge. In such a case the clerk shall have the powers of a master as provided in Rule 53 and shall follow the procedure therein, or in cases of default or upon written waiver the testimony may be taken upon deposition on oral examination, in accordance with prior practice, and at any time and without notice of the time and place of the taking or other proceeding therein. When depositions on oral examination have been taken, they shall be filed in the clerk's office without any other transcript of the proceedings or of the evidence and without any further report by the clerk. However, nothing contained in this paragraph shall prevent the parties from taking testimony by agreement in a manner different from herein provided unless the court limits or prohibits such agreed manner.

    All evidence shall be admitted which is admissible under statute or under the rules of evidence which are now applied or shall hereafter be applied in the courts of the State of Alabama.

    (b) [Omitted.]

    (c) [Omitted.]

    (d) Affirmation in Lieu of Oath. Whenever under these rules an oath is required to be taken, a solemn affirmation may be accepted in lieu thereof. The court may, but shall not be required to, frame such affirmation according to the religious faith of the witness.

    (e) Evidence on Motions. When a motion is based on facts not appearing of record the court unless a jury is required may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions. Nothing herein shall be construed to enlarge or abridge the right to trial by jury.

    (f) Interpreters.The court may appoint an interpreter of its own selection and may fix the interpreter's reasonable compensation. The compensation shall be paid out of funds provided by law or by one or more of the parties as the court may direct, and may be taxed ultimately as costs, in the discretion of the court.

    (dc) District Court Rule. Rule 43 applies in the district courts except that, (1) the reference to domestic relations cases in Rule 43(a) is deleted, (2) Rule 43(a), second paragraph, is to be construed so as to permit, by agreement of the parties, evidence in the form of tape recordings or sworn statements, and (3) the reference to a jury in Rule 43(e) is deleted.