Ala. R. Evid. 01

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Rule 101. Scope

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These rules govern proceedings in the courts of the State of Alabama to the extent and with the exceptions stated in Rule 1101.

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Rule 102. Purpose and Construction

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These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.

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Rule 103. Rulings on Evidence (a) Effect of Erroneous Ruling. (Harmless Error Rule)

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Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected.

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Rule 103(a). Effect of Erroneous Ruling

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Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected and,
(1) Objection. In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context.
(2) Offer of Proof. In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked.

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Rule 103(a)(2) Offer of Proof.

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Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected and, in case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked.

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Rule 103(b). Record of Offer and Ruling

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The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. It may direct the making of an offer in question and answer form.

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Rule 103(c). Hearing of Jury.

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In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury.

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Rule 103. Rulings on Evidence (d) Plain Error.

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Nothing in this rule precludes taking notice of plain errors affecting substantial rights in a case in which the death penalty has been imposed, even if they were not brought to the attention of the court.

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Rule 104. Preliminary Questions (a) Questions of Admissibility Generally.

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Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of section (b). In making its determination it is not bound by the rules of evidence except those with respect to privileges.

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Rule 104. Preliminary Questions (b) Relevancy Conditioned on Fact.

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When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon the introduction of evidence sufficient to support a finding of the fulfillment of the condition or may admit that evidence subject to the introduction of evidence sufficient to support such a finding.

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Rule 104. Preliminary Questions (c) Hearing or Presence of Jury.

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In criminal cases, hearings on the admissibility of confessions or evidence alleged to have been obtained unlawfully shall be conducted out of the hearing and presence of the jury. Hearings on other preliminary matters shall be conducted out of the hearing and presence of the jury when the interests of justice require.

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Rule 104. Preliminary Questions (d) Testimony by Accused.

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The accused does not, by testifying at a preliminary hearing on the admissibility of a confession, become subject to cross-examination as to other issues in the case.

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Rule 104. Preliminary Questions (e) Weight and Credibility.

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This rule does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.

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Rule 105. Limited Admissibility

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When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.

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Rule 106. Remainder of Writings or Recorded Statements

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When a party introduces part of either a writing or recorded statement, an adverse party may require the introduction at that time of any other part of the writing or statement that ought in fairness to be considered contemporaneously with it.