Library Information

Location

The library is located on the first floor of the Heflin-Torbert Judicial Building.

Address

Alabama Supreme Court and State Law Library
300 Dexter Avenue Montgomery, AL 36104

Hours

Monday through Friday from 8:00 a.m. - 6:00 p.m. except State holidays. (Calendar)

NOTE: Appellate Court Briefs may be filed in the State Law Library from 5:00 p.m. to 6:00 p.m.





Alabama Rules of Criminal Procedure

All rules are in pdf format.

RULE 1. SCOPE; PURPOSE, OBJECTIVES, AND CONSTRUCTION; COMPUTATION AND
ENLARGEMENT OF TIME; DEFINITIONS; EFFECTIVE DATE.

Rule 1.1. Scope.
Rule 1.2. Purpose, objectives, and construction.
Rule 1.3. Computation and enlargement of time.
Rule 1.4. Definitions.
Rule 1.5. Applicability of rules.

RULE 2. COMMENCEMENT AND PROSECUTION OF CRIMINAL PROCEEDINGS

Rule 2.1. Commencement of criminal proceedings.
Rule 2.2. Prosecution of criminal proceedings.
Rule 2.3. Contents of a complaint.
Rule 2.4. Duty of judge or magistrate upon making of a complaint.

RULE 3. ARREST WARRANT OR SUMMONS UPON COMMENCEMENT OF CRIMINAL
PROCEEDINGS; SEARCH WARRANT.

Rule 3.1. Issuance of arrest warrant or summons.
Rule 3.2. Contents of arrest warrant or summons.
Rule 3.3. Execution and return of arrest warrant.
Rule 3.4. Service of summons.
Rule 3.5. Defective arrest warrant.
Rule 3.6. Definition of search warrant.
Rule 3.7. Authority to issue search warrants.
Rule 3.8. Grounds for issuance of search warrant.
Rule 3.9. Issuance of search warrant.
Rule 3.10. Contents of search warrant; time of execution.
Rule 3.11. Execution and return with inventory.
Rule 3.12. Authority to break and enter.
Rule 3.13. Unlawfully seized property.
Rule 3.14. Return of papers to court.

RULE 4. ARREST AND INITIAL APPEARANCE

Rule 4.1. Arrest without a warrant.
Rule 4.2. Telephone call after arrest.
Rule 4.3. Procedure upon arrest.
Rule 4.4. Initial appearance.

RULE 5. PRELIMINARY HEARING

Rule 5.1. Right to preliminary hearing; waiver; postponement.
Rule 5.2. Summoning witnesses.
Rule 5.3. Proceedings at preliminary hearing.
Rule 5.4. Action taken upon finding of probable cause or of no
probable cause.

RULE 6. RIGHT TO COUNSEL: APPOINTMENT OF COUNSEL

Rule 6.1. Right to counsel; waiver of right to counsel.
Rule 6.2. Duties of counsel; withdrawal.
Rule 6.3. Determination of indigency.
Rule 6.4. Manner of appointment.
Affidavit of Substantial Hardship and Order (Form C-10).

RULE 7. RELEASE.

Rule 7.1. Definitions and requirements.
Rule 7.2. Right to release on one's personal recognizance or on bond.
Rule 7.3. Conditions of release.
Rule 7.4. Procedure for determination of release conditions.
Rule 7.5. Review of conditions; revocation of release.
Rule 7.6. Transfer and disposition of bond.
Corporate Surety Bond (Form CR-17)
Escrow Agreement (Form CR-18)

RULE 8. SPEEDY TRIAL

Rule 8.1. Priorities in scheduling criminal cases.
Rule 8.2. Duty of prosecutor.
Rule 8.3. Motion for continuance.

RULE 9. PRESENCE OF DEFENDANT, WITNESSES, AND SPECTATORS; TELEVISING,
PHOTOGRAPHING, OR RADIO BROADCASTING OF JUDICIAL PROCEEDINGS

Rule 9.1. Defendant's right to be present.
Rule 9.2. Effect of defendant's disruptive behavior.
Rule 9.3. Exclusion of witnesses and spectators.
Rule 9.4. Televising, photographing, or radio broadcasting of judicial
proceedings.

RULE 10. CHANGE OF PLACE OF TRIAL

Rule 10.1. Change of place of trial.
Rule 10.2. Waiver and renewal.
Rule 10.3. Transfer to another county.

RULE 11. INCOMPETENCY AND MENTAL EXAMINATIONS

Rule 11.1. Definition of incompetency.
Rule 11.2. Examination of defendant's mental condition; demand for jury.
Rule 11.3. Appointment of experts; commitment for examination; reports; costs.
Rule 11.4. Examination at defense's expense.
Rule 11.5. Disclosure of mental health evidence.
Rule 11.6. Preliminary review, transfers, hearings, and orders.
Rule 11.7. Subsequent hearings on competency.
Rule 11.8. Privilege.
Rule 11.9. Inapplicability to district and municipal courts.

RULE 12. SELECTION OF VENIRE; THE GRAND JURY AND PETIT JURY PANELS

Rule 12.1. Drawing, summoning, and qualifying the venire.
Rule 12.2. Empaneling the grand jury and petit juries.
Rule 12.3. Oath, instructions, duties, and powers of the grand jury.
Rule 12.4. Grounds for disqualification of a grand juror.
Rule 12.5. Foreman of the grand jury.
Rule 12.6. Persons authorized to be present during sessions of grand jury.
Rule 12.7. Appearance of persons under investigation.
Rule 12.8. Indictment.
Rule 12.9. Challenge to grand jury proceedings or to an indictment.

RULE 13. CHARGES: INDICTMENT, INFORMATION, AND COMPLAINT

Rule 13.1. Definitions.
Rule 13.2. Nature and contents of indictment or information.
Rule 13.3. Joinder and consolidation for trial.
Rule 13.4. Severance.
Rule 13.5. Amendment of charge; defect in charge.

RULE 14. ARRAIGNMENT AND PLEAS

Rule 14.1. Necessity for arraignment.
Rule 14.2. Proceedings at arraignment; pleas.
Rule 14.3. Plea negotiations and agreements.
Rule 14.4. Acceptance of guilty plea.

RULE 15. PREPARATION FOR TRIAL; PLEADINGS AND MOTIONS

Rule 15.1. Pleadings and motions.
Rule 15.2. Objections and defenses which must be raised by motion.
Rule 15.3. Time of making motions.
Rule 15.4. Hearing on motion.
Rule 15.5. Effect of determination of motion.
Rule 15.6. Motion for pre-trial determination of admissibility of evidence.
Rule 15.7. Pre-trial appeals by the state.

RULE 16. DISCOVERY

Rule 16.1. Discovery by the defendant.
Rule 16.2. Discovery by the state/municipality.
Rule 16.3. Continuing duty to disclose.
Rule 16.4. Protective orders and conditions of discovery.
Rule 16.5. Relief for noncompliance.
Rule 16.6. Depositions.

RULE 17. SUBPOENAS

Rule 17.1. Authority to issue subpoenas.
Rule 17.2. Form of subpoena.
Rule 17.3. Subpoena duces tecum.
Rule 17.4. Service of subpoena.
Rule 17.5. Proceedings upon failure of subpoenaed witness to attend and remain.
Rule 17.6. Application to municipal courts.

RULE 18. TRIAL BY JURY; WAIVER; SELECTION AND PREPARATION OF PETIT JURORS

Rule 18.1. Trial by jury.
Rule 18.2. Jury information.
Rule 18.3. Challenge to the trial venire.
Rule 18.4. Procedure for selecting a jury.
Rule 18.5. Oath and preliminary instruction of jurors.

RULE 19. TRIAL

Rule 19.1. Order of proceeding of trial.
Rule 19.2. Evidence and witnesses.
Rule 19.3. Separation, sequestration, and admonitions to jurors.
Rule 19.4. Duties of court reporters.

RULE 20. MOTION FOR JUDGMENT OF ACQUITTAL

Rule 20.1. Nature and form of motion.
Rule 20.2. Motion for judgment of acquittal before submission of case to factfinder.
Rule 20.3. Motion for judgment of acquittal after verdict or judgment of conviction.

RULE 21. INSTRUCTIONS TO JURY; OBJECTION

Rule 21.1. Instructions to the jury.
Rule 21.2. Additional instructions.
Rule 21.3. Objections.

RULE 22. DELIBERATION OF JURY

Rule 22.1. Materials used during deliberation.
Rule 22.2. Further review of evidence and additional instructions.
Rule 22.3. Discharge of jury.

RULE 23. VERDICT

Rule 23.1. Form and time of returning verdict; sealed verdict.
Rule 23.2. Types of verdicts.
Rule 23.3. Necessity for forms of verdict.
Rule 23.4. Several defendants.
Rule 23.5. Poll of jurors.

RULE 24. POST-TRIAL MOTIONS

Rule 24.1. Motion for new trial.
Rule 24.2. Motion in arrest of judgment.
Rule 24.3. Presentation to judge not required.
Rule 24.4. Denial by operation of law.
Rule 24.5. District and municipal courts.

RULE 25. PROCEDURE AFTER VERDICT OR FINDING OF NOT GUILTY BY REASON
OF MENTAL DISEASE OR DEFECT

Rule 25.1. Definitions.
Rule 25.2. Procedure to have the defendant involuntarily committed when
defendant found not guilty by reason of mental disease or defect.
Rule 25.3. Hearing.
Rule 25.4. Further commitment for examination by mental health experts.
Rule 25.5. Disclosure of mental health evidence.
Rule 25.6. Orders.
Rule 25.7. Modification of orders and periodic reports.
Rule 25.8. Release from commitment.
Rule 25.9. Right to counsel.

RULE 26. JUDGMENT; PRESENTENCE REPORT; SENTENCE HEARING; SENTENCE

Rule 26.1. Definitions; scope.
Rule 26.2. Time of pronouncing judgment and sentence.
Rule 26.3. Presentence report.
Rule 26.4. Diagnostic evaluation and mental health examination.
Rule 26.5. Disclosure of the presentence, diagnostic, and physical and
mental health reports.
Rule 26.6. Sentence hearing.
Rule 26.7. Presence of the defendant.
Rule 26.8. Principles of sentencing.
Rule 26.9. Pronouncement of judgment and sentence; minute entries.
Rule 26.10. Duty of the court after notice of appeal.
Rule 26.11. Fines and restitution.
Rule 26.12. Consecutive or concurrent sentences.

RULE 27. PROBATION AND PROBATION REVOCATION

Rule 27.1. Granting probation.
Rule 27.2. Modification and clarification of conditions and regulations.
Rule 27.3. Extension of term of probation; termination of probation; order
of discharge.
Rule 27.4. Initiation of revocation proceedings; securing the probationer's
presence; arrest.
Rule 27.5. Initial appearance after arrest.
Rule 27.6. Revocation of probation.

RULE 28. RETENTION AND DESTRUCTION OF RECORDS AND EVIDENCE


RULE 29. CORRECTION OF CLERICAL MISTAKES


RULE 30. APPEALS FROM MUNICIPAL AND DISTRICT COURTS

Rule 30.1. Right to appeal.
Rule 30.2. Appeal from district or municipal court to appropriate appellate court.
Rule 30.3. Notice and perfection of appeal; bond on appeal.
Rule 30.4. Transmission and preparation of records.
Rule 30.5. Prosecution and dismissal of the de novo appeal.
Rule 30.6. Stipulations as to questions of law or fact.

RULE 31. APPEALS


RULE 32. POST-CONVICTION REMEDIES

Committee comments.
Rule 32.1. Scope of remedy.
Rule 32.2. Preclusion of remedy.
Rule 32.3. Burden of proof.
Rule 32.4. Nature of proceeding and relation to other remedies.
Rule 32.5. Venue.
Rule 32.6. Commencement of proceedings.
Rule 32.7. Additional pleadings; summary disposition; amendments.
Rule 32.8. Prehearing conference.
Rule 32.9. Evidentiary hearing.
Rule 32.10. Appeal.
Appendix to Rule 32.

RULE 33. CONTEMPT

Rule 33.1. Scope; definitions.
Rule 33.2. Summary disposition of direct contempts.
Rule 33.3. Disposition of other contempts; citation; arrest; hearing; and sentence.
Rule 33.4. Punishment for criminal contempt; commitment in cases of civil contempt.
Rule 33.5. Disqualification of judge.
Rule 33.6. Review of contempt proceedings.

RULE 34. FORM, CONTENT, AND SERVICE OF MOTIONS AND REQUESTS

Rule 34.1. Motions: Form, content, and rights of reply.
Rule 34.2. Hearing; oral argument.
Rule 34.3. Waiver of formal requirements.
Rule 34.4. Service and filing.
Rule 34.5. Notice of orders.

RULE 35. COSTS FOR COURT-ORDERED EXAMINATIONS AND EVALUATIONS,
COURT-APPOINTED EXPERTS, AND COURT-APPOINTED COUNSEL


RULE 36. UNIFIED JUDICIAL SYSTEM FORMS AND SAMPLE FORMS


APPENDIX OF FORMS