Ala. R. Evid. 04

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Rule 401. Definition of "Relevant Evidence"

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"Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.

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Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible

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All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States or that of the State of Alabama, by statute, by these rules, or by other rules applicable in the courts of this State. Evidence which is not relevant is not admissible.

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Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time

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Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

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(1) Character of Accused. (Exception for character of Accused under Rule 404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes, Wrongs, or Acts (a) Character Evidence Generally.)

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Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except evidence of character offered by an accused, or by the prosecution to rebut the same.

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(2) Character of Victim (A) In Criminal Cases. (Exception for character of the victim in criminal cases under Rule 404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes, Wrongs, or Acts (a) Character Evidence Generally.)

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Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except: (i) Evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the same, or (ii) evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the first aggressor.

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(2) Character of Victim (B) In Civil Cases. (Exception for character of the victim in civil cases under Rule 404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes, Wrongs, or Acts (a) Character Evidence Generally.)

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Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except evidence of character for violence of the victim of assaultive conduct offered on the issue of self-defense by a party accused of assaultive conduct, or evidence of character for peacefulness to rebut the same.

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(3) Character of Witness under Rule 404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes, Wrongs, or Acts (a) Character Evidence Generally.

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Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except evidence of the character of a witness, as provided in Rules 607, 608, 609, and 616.

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The General Rule. Rule 404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes, Wrongs, or Acts (b) Other Crimes, Wrongs, or Acts.

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Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith.

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Exceptions to Rule 404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes, Wrongs, or Acts (b) Other Crimes, Wrongs, or Acts.

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[Evidence of other crimes, wrongs, or acts] may, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, [if certain provisions are met].

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Provisions for the exceptions to Rule 404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes, Wrongs, or Acts (b) Other Crimes, Wrongs, or Acts.

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Evidence of other crimes, wrongs, or acts ... may ... be admissible for other purposes, ..., provided that upon request by the accused, the prosecution in a criminal case shall provide reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of the general nature of any such evidence it intends to introduce at trial.

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Provisions for the exceptions to Rule 404 in less confusing language.

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Evidence of other crimes, wrongs, or acts may be admissible provided that upon request by the accused, the prosecution in a criminal case shall provide reasonable notice of the general nature of any such evidence it intends to introduce at trial either in advance of trial, or during trial if the court excused the pretrial notice requirement for good cause shown.

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Rule 405. Methods of Proving Character (a) Reputation or Opinion.

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In all cases in which evidence of character or a trait of character of a person is admissible, except under Rule 404(a)(1), proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct.

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Rule 405. Methods of Proving Character (b) Specific Instances of Conduct.

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In cases in which character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may also be made of specific instances of that person's conduct.

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Rule 406. Habit; Routine Practice

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Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.

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Rule 407. Subsequent Remedial Measures

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When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event. This rule does not require the exclusion of evidence of subsequent measures when offered for another purpose, such as proving ownership, control, or feasibility of precautionary measures, if controverted, or impeachment.

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Rule 408. Compromise and Offers to Compromise

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Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its amount. Evidence of conduct or statements made in compromise negotiations is likewise not admissible.

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Clarification for Rule 408. Compromise and Offers to Compromise

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This rule does not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations. This rule also does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness, negativing a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.

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Rule 409. Payment of Medical and Similar Expenses

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Evidence of furnishing or offering or promising to pay medical, hospital, or similar expenses occasioned by an injury is not admissible to prove liability for the injury.

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The general rule for Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related Statements

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Except as otherwise provided in this rule, evidence of the following is not, in any civil or criminal proceeding, admissible against the defendant who made the plea or was a participant in the plea discussions: (1) a plea of guilty which was later withdrawn; (2) a plea of nolo contendere in a federal court or criminal proceeding in another state; (3) any statement made in the course of any proceedings under Rule 11 of the Federal Rules of Criminal Procedure or comparable state procedure regarding either of the foregoing pleas; or (4) any statement made in the course of plea discussions with an attorney for the prosecuting authority which do not result in a plea of guilty or which result in a plea of guilty later withdrawn.

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The exceptions for Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related Statements

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However, such a statement is admissible (i) in any proceeding wherein another statement made in the course of the same plea or plea discussions has been introduced and the statement ought in fairness to be considered contemporaneously with it, or (ii) in a criminal proceeding for perjury or false statement if the statement was made by the defendant under oath, on the record and in the presence of counsel, or (iii) in any subsequent proceeding wherein voluntary and reliable statements made in court on the record in connection with any of the foregoing pleas or offers are offered as prior inconsistent statements.

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"Complaining Witness" under Rule 412. Admissibility of Evidence Relating to Past Sexual Behavior of Complaining Witness in Prosecution for Criminal Sexual Conduct (a)

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As used in this rule, unless the context clearly indicates otherwise, the following words and phrases shall have the following respective meanings: (1) Complaining Witness. Any person alleged to be the victim of the crime charged, the prosecution of which is subject to the provisions of this rule.

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"Criminal Sexual Conduct" under Rule 412. Admissibility of Evidence Relating to Past Sexual Behavior of Complaining Witness in Prosecution for Criminal Sexual Conduct (a)

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As used in this rule, unless the context clearly indicates otherwise, the following words and phrases shall have the following respective meanings: (2) Criminal Sexual Conduct. Sexual activity, including, but not limited to, rape, sodomy, sexual misconduct, sexual abuse or carnal knowledge.

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"Evidence Relating to Past Sexual Behavior" under Rule 412. Admissibility of Evidence Relating to Past Sexual Behavior of Complaining Witness in Prosecution for Criminal Sexual Conduct (a)

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As used in this rule, unless the context clearly indicates otherwise, the following words and phrases shall have the following respective meanings: (3) Evidence Relating to Past Sexual Behavior. Such term includes, but is not limited to, evidence of the complaining witness's marital history, mode of dress, and general reputation for promiscuity, nonchastity, or sexual mores contrary to the community standards and opinion of character for those traits.

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Evidence relating to past sexual behavior of the complaining witness under Rule 412. Admissibility of Evidence Relating to Past Sexual Behavior of Complaining Witness in Prosecution for Criminal Sexual Conduct(b)

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In any prosecution for criminal sexual conduct or for assault with intent to commit, attempt to commit, or conspiracy to commit criminal sexual conduct, evidence relating to the past sexual behavior of the complaining witness, as defined in section (a) of this rule, shall not be admissible, either as direct evidence or on cross-examination of the complaining witness or of other witnesses, except as otherwise provided in this rule.

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Evidence relating to past sexual behavior of the complaining witness with the accused under Rule 412. Admissibility of Evidence Relating to Past Sexual Behavior of Complaining Witness in Prosecution for Criminal Sexual Conduct(c)

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In any prosecution for criminal sexual conduct, evidence relating to the past sexual behavior of the complaining witness shall be introduced if the court, following the procedure described in section (d) of this rule, finds that such past sexual behavior directly involved the participation of the accused.

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Procedure for introducing evidence allowed under Rule 412(c) under Rule 412. Admissibility of Evidence Relating to Past Sexual Behavior of Complaining Witness in Prosecution for Criminal Sexual Conduct(d)

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The procedure for introducing evidence, as described in section (c) of this rule, shall be as follows: (1) At any time before the defense shall seek to introduce evidence which would be covered by section (c) of this rule, the defense shall notify the court of such intent, whereupon the court shall conduct an in camera hearing to examine into the defendant's offer of proof. All in camera proceedings shall be included in their entirety in the transcript and record of the trial and case; (2) At the conclusion of the hearing, if the court finds that any of the evidence introduced at the hearing is admissible under section (b) of this rule, the court shall by order state what evidence may be introduced by the defense at the trial of the case and in what manner the evidence may be introduced; and (3) The defense may then introduce evidence pursuant to the order of the court.

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Rule 411. Liability Insurance

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Evidence that a person was or was not insured against liability is not admissible upon the issue whether the person acted negligently or otherwise wrongfully. This rule does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness.