: The Alabama Lawyer Articles
FROM THE ALABAMA LAWYER: Practical Tips in DUI Cases
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A DUI case can be almost a walk-through case, or it can be one of the most complicated cases a criminal defense lawyer will handle. This article is intended to provide practical tips no matter what kind of case you have.
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FROM THE ALABAMA LAWYER: One of the Good Guys – Pryor becomes Chief Judge of the Eleventh Circuit
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Judge William H. Pryor, Jr. became Chief Judge of the United States Court of Appeals for the Eleventh Circuit in June 2020, making him the highest-ranking officer of his court. It’s not exactly where a young Bill Pryor thought his career would take him.
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FROM THE ALABAMA LAWYER: Avoid Conviction Through Settlement – The Rise of Deferred Prosecution
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Alabama has dramatically increased pretrial diversion programs. They now exist in criminal cases involving theft, driving under the influence (DUI), drug offenses, property offenses, traffic offense, sex offenses, domestic violence, and others. They almost all have a few common threads.
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Circuit Criminal Trial and Evidence Practice Pointers
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Judge William H. Filmore, Tobie J. Smith, and J. Patrick Lamb
Most Often Cited Rule of Evidence: 404(b)
The first sentence of Alabama Rules of Evidence Rule 404(b) gives the general rule: “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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Circuit Civil Trial and Evidence Practice Pointers
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By Judge Elisabeth A. French, Julia T. Cochrun, and LaBella S. McCallum
With changes in the law school curriculums in terms of evidence requirements, many in the legal profession have observed that attorney trial skills have declined in recent years.
Read MoreDistrict Court Trial and Evidence Practice Pointers
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By Megan K. McCarthy and Jason S. McCormick
In September 2019, district courts in Alabama became much more active for a civil lawyer because the district court’s jurisdictional limit increased from $10,000 to $20,000.
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Probate Court Evidentiary and Procedural Potential Pitfalls
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By Judge William D. Motlow and R. Bradley Phillips
There is a misconception among some attorneys that the Rules of Evidence do not apply during proceedings in the probate courts of this state. Rule 1101 of the Rules states the “rules of evidence apply in all proceedings in the courts of Alabama.”
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Evidence Rules and Trial Skills: Where Are We and Where Do We Go from Here
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By Judge W. Scott Donaldson
“The Constitution guarantees a fair trial through the Due Process Clauses…[A] fair trial is one in which evidence subject to adversarial testing is presented to an impartial tribunal for resolution of issues defined in advance of the proceeding.”
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A Brief History of Alabama Evidence Law and A Few Tips for the Alabama Lawyer
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The Alabama Rules of Evidence did not become effective until January 1, 1996, nearly 200 years after the Alabama court system was created. For many decades, Alabama evidence law was found in the case law, statutes, and the constitutions of both Alabama and the United States
Read MoreFamily Law Trial and Evidence Practice Pointers
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Family law is full of emotion and drama mixed in with biased facts and evidentiary pitfalls. Whether you are in the midst of an original divorce or attempting to modify custody or alimony, it is important to understand the Rules of Evidence to effectively represent your client.
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