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Alabama Rules of Criminal Procedure

The Alabama Rules of Criminal Procedure were enacted by the Alabama Supreme Court to govern criminal law practice in Alabama.  The rules posted below are current through the 2010 amendments.  We have posted the text of all of the rules as well as the committee comments, but we have not included the forms or the appendixes at this time.

The following links contain the text of each of the Alabama Rules of Criminal Procedure:

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

RULE 2.  COMMENCEMENT AND PROSECUTION OF CRIMINAL PROCEEDING

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

RULE 4.  ARREST AND INITIAL APPEARANCE

RULE 5.  RELIMINARY HEARING

RULE 6.  RIGHT TO COUNSEL: APPOINTMENT OF COUNSEL

RULE 7.  RELEASE

RULE 8.  SPEEDY TRIAL

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

RULE 10. CHANGE OF PLACE OF TRIAL

RULE 11. INCOMPETENCY AND MENTAL EXAMINATIONS

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

RULE 13. CHARGES: INDICTMENT, INFORMATION, AND COMPLAINT

RULE 14. ARRAIGNMENT AND PLEAS

RULE 15. PREPARATION FOR TRIAL; PLEADINGS AND MOTIONS

RULE 16. DISCOVERY

RULE 17. SUBPOENAS

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

RULE 19. TRIAL

RULE 20. MOTION FOR JUDGMENT OF ACQUITTAL

RULE 21. INSTRUCTIONS TO JURY; OBJECTION

RULE 22. DELIBERATION OF JURY

RULE 23. VERDICT

RULE 24. POST-TRIAL MOTIONS

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

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

RULE 27. PROBATION AND PROBATION REVOCATION

RULE 28. RETENTION AND DESTRUCTION OF RECORDS AND EVIDENCE

RULE 29. CORRECTION OF CLERICAL MISTAKES

RULE 30. APPEALS FROM MUNICIPAL AND DISTRICT COURTS

RULE 31. APPEALS

RULE 32. POST-CONVICTION REMEDIES

RULE 33. CONTEMPT

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

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

To discuss your options in appealing your case, call Bill Pfeifer at (800) 737-3702 Extension 1. You can also use the online Contact form on this website to send him an email about your situation.

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