: The Alabama Lawyer Articles

Circuit Criminal Trial and Evidence Practice Pointers

Audio version available January 11, 2021 - Filed Under: The Alabama Lawyer Articles

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.”

Circuit Civil Trial and Evidence Practice Pointers

Audio version available January 11, 2021 - Filed Under: The Alabama Lawyer Articles

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.

District Court Trial and Evidence Practice Pointers

Audio version available January 11, 2021 - Filed Under: The Alabama Lawyer Articles

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.

Probate Court Evidentiary and Procedural Potential Pitfalls

Audio version available January 11, 2021 - Filed Under: The Alabama Lawyer Articles

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.”

Evidence Rules and Trial Skills: Where Are We and Where Do We Go from Here

Audio version available January 11, 2021 - Filed Under: The Alabama Lawyer Articles

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.”

A Brief History of Alabama Evidence Law and A Few Tips for the Alabama Lawyer

Audio version available January 08, 2021 - Filed Under: The Alabama Lawyer Articles

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

Family Law Trial and Evidence Practice Pointers

Audio version available January 08, 2021 - Filed Under: The Alabama Lawyer Articles

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.

Juvenile Court Evidentiary and Procedural Potential Pitfalls

Audio version available January 08, 2021 - Filed Under: The Alabama Lawyer Articles

Many lawyers who rarely find themselves representing accused, abused, or neglected children or their family members in juvenile court often feel as if they’ve “gone down the rabbit hole.”

FROM THE ALABAMA LAWYER – Lessons of the Boll Weevil: “Perspectives from a Lawyer”

Audio version available July 21, 2017 - Filed Under: The Alabama Lawyer Articles

I would be less than honest if I did not tell all you fellow lawyers that I believe I practice law in the best spot in Alabama – the town of Enterprise in Coffee County. Our city is the home of a world-famous statue – and the only statue in the world honoring an insect called the boll weevil. This statue exemplifies and honors the adversity, determination, diversity, and triumph the people of Enterprise and Coffee County faced more than 100 years ago.