Rule 1.5. Applicability of rules

Alabama Rules of Criminal Procedure

Rule 1. Scope; Purpose, Objectives, and Construction; Computation and

Enlargement of Time; Definitions; Effective Date.

Rule 1.5. Applicability of rules.

These rules shall govern all criminal proceedings, without regard to when

the proceeding was commenced.

[Amended eff. 4-21-92.]

Committee Comments

Throughout the rules, the term “criminal proceeding” is used consistently

rather than the term “action.” A “criminal proceeding” may be commenced only by

complaint or indictment, thus the determination of whether these rules are to be

applied in a specific case can be determined by reference to the date of the

accusatory instrument by which the case was initiated or “commenced.”

These rules do not automatically apply to criminal proceedings pending at

the deadline. This rule will leave it to the parties in pending cases to agree to

operate under these rules with consent of court, if they so desire.

Rule 1.5, as it originally read effective January 1, 1991, made these rules

applicable to proceedings “commenced” on or after January 1, 1991. The

amendment of April 21, 1992, makes these criminal rules applicable to all criminal

proceedings without regard to when they were “commenced.”