Statutes and regulations

Rule 33.1. Scope; definitions

Ala. R. Crim. P. 33.1 · Alabama · Court rules

Alabama Rules of Court › Alabama Rules of Criminal Procedure › Ala. R. Crim. P. 33.1

It is similar to 18 U.S.C. § 401 (1970) and comports with Ala.Code 1975, § 12-1-7. 18 U.S.C ntempt proceedings arising out of criminal cases. Rule 33.1(b) defines various types of contempt. … It is similar to 18 U.S.C. § 401 (1970) and comports with Ala.Code 1975, § 12-1-7. 18 U.S.C. § 401 (1970) defines “criminal contempt” to include the following conduct: “(1) Misbehavior of any person

Rule 508. Secrets of state and other official information: Governmental privileges

Ala. R. Evid. 508 · Alabama · Court rules

Alabama Rules of Court › Alabama Rules of Evidence › Ala. R. Evid. 508

Compare 18 U.S.C. § 3500 5 U.S.C. § 552(b)(5) (1994) (section of Freedom of Information Act that exempts such communications from its coverage). … U.S.C. § 3500(d).

Rule 802. Hearsay rule

Ala. R. Evid. 802 · Alabama · Court rules

Alabama Rules of Court › Alabama Rules of Evidence › Ala. R. Evid. 802

U.S.C. §§ 25102520 (1988)). … U.S.C. §§ 25102520 (1988)).

Rule 35. Costs

Ala. R. App. P. 35 · Alabama · Court rules

Alabama Rules of Court › Alabama Rules of Appellate Procedure › Ala. R. App. P. 35

The advisory committee felt that it would require an act of the Legislature to permit costs to be taxed against the State in ordinary civil or criminal litigation as is done with 28 U.S.C. § 2412. … On taxing costs against the State, see e.g., Code of Ala., § 18-1-31; State v. Jefferson County Bd. of Education, 282 Ala. 303, 211 So.2d 146.

Rule 28. Persons before whom depositions may be taken

Ala. R. Civ. P. 28 · Alabama · Court rules

Alabama Rules of Court › Alabama Rules of Civil Procedure › Ala. R. Civ. P. 28

See Note to 28 U.S.C. § 1781 (1982). … For federal statutory authorization regarding letters rogatory, see 28 U.S.C. §§ 1781, 1782 (1982).

Rule 11.3. Appointment of experts; commitment for examination; reports; costs

Ala. R. Crim. P. 11.3 · Alabama · Court rules

Alabama Rules of Court › Alabama Rules of Criminal Procedure › Ala. R. Crim. P. 11.3

See 18 U.S.C. § 4244. … See 18 U.S.C. § 4244. A court can commit a defendant for only the minimum time required to conduct the necessary examinations.

Rule 11.2. Examination of defendant's mental condition; demand for jury

Ala. R. Crim. P. 11.2 · Alabama · Court rules

Alabama Rules of Court › Alabama Rules of Criminal Procedure › Ala. R. Crim. P. 11.2

Subsection (b)(1), which is similar to Rule 12.2(c), Fed.R.Crim.P., and 18 U.S.C. § 4241, makes it clear that the determination of the defendant’s competency to stand trial is separate and distinct from … this factual distinction and to avoid any prejudice to the defendant, the finding of the defendant’s competency to stand trial is specifically made inadmissible in the trial for the offense charged U.S.C

Rule 803. Hearsay exceptions; availability of declarant immaterial

Ala. R. Evid. 803 · Alabama · Court rules

Alabama Rules of Court › Alabama Rules of Evidence › Ala. R. Evid. 803

(18) LEARNED TREATISES. … 7 U.S.C. § 292 (1994); 7 U.S.C. § 1622(h) (1994); 8 U.S.C. § 1440(c) (1994); 18 U.S.C. § 4245 (1988); 42 U.S.C. § 269(b) (1988); 46 U.S.C § 679 (1988).

Rule 13. Issuance of notices and service of summons

Ala. R. Juv. P. 13 · Alabama · Court rules

Alabama Rules of Court › Alabama Rules of Juvenile Procedure › Ala. R. Juv. P. 13

The language in subsection (E) was taken verbatim from 42 U.S.C. § 629h(b)(1). … The language in subsection (E) was taken verbatim from 42 U.S.C. § 629h(b)(1).

Rule 24. Conduct of adjudicatory hearings or taking of admissions

Ala. R. Juv. P. 24 · Alabama · Court rules

Alabama Rules of Court › Alabama Rules of Juvenile Procedure › Ala. R. Juv. P. 24

Comment to Rule 24(E) Adopted Effective September 14, 2007 Subsection (E) was added to comply with 42 U.S.C. § 675(5)(G), as amended by the Safe and Timely Interstate Placement of Foster Children Act … Rule 15 Effective October 1, 2011; the Comment to Amendment to Rule 15.1 Effective October 1, 2011; the Comment to Amendment to Rule 17 Effective October 1, 2011; the Comment to Amendment to Rule 18

Rule 402. Relevant evidence generally admissible; irrelevant evidence inadmissible

Ala. R. Evid. 402 · Alabama · Court rules

Alabama Rules of Court › Alabama Rules of Evidence › Ala. R. Evid. 402

See 18 U.S.C. § 2515 (1988) (making electronically intercepted communications inadmissible in both state and federal courts); Gelbard v.

Rule 11.6. Preliminary review, transfers, hearings, and orders

Ala. R. Crim. P. 11.6 · Alabama · Court rules

Alabama Rules of Court › Alabama Rules of Criminal Procedure › Ala. R. Crim. P. 11.6

That part of subsection (b)(2) setting out the defendant’s rights at the competency hearing is patterned after 18 U.S.C. § 4247(d). … U.S.C. § 4247(d).

Rule 12.7. Appearance of persons under investigation

Ala. R. Crim. P. 12.7 · Alabama · Court rules

Alabama Rules of Court › Alabama Rules of Criminal Procedure › Ala. R. Crim. P. 12.7

A similar rule is in effect under the federal system. 18 U.S.C. 6002 (1970) provides: “Immunity generally.

Rule 1.15. Safekeeping Property

Ala. R. Prof. C. 1.15 · Alabama · Court rules

Alabama Rules of Court › Alabama Rules of Professional Conduct › Ala. R. Prof. C. 1.15

A lawyer is engaged in active practice unless the lawyer has obtained membership in the Alabama State Bar pursuant to the provisions of Alabama Code 1975, §§ 34-3-17 and 34-3-18. … Banks, as defined in 12 U.S.C. § 5002(2), are not required to return to customers the original canceled checks.

Rule 902. Self-authentication

Ala. R. Evid. 902 · Alabama · Court rules

Alabama Rules of Court › Alabama Rules of Evidence › Ala. R. Evid. 902

See also Ala.R.Civ.P. 44(g) (disinterested party’s historical work, book of science or art, or published map or chart granted prima facie status as evidence of general notoriety and interest); 26 U.S.C … With the adoption of Rule 902(11) and (12), the amendment to Rule 803(6), and previously existing Rule 1001(2) and (3), the proponent of the evidence may now overcome authentication, hearsay, and best-evidence-rule