§ 12-21-12 — Proof by Substantial Evidence Required; Scintilla Rule Abolished; Higher Standard of Proof; Substantial Evidence Defined; Application

Alabama § 12-21-12

• Jurisdiction: Alabama
• Title 12: Courts
• Ch. 21: Evidence and Witnesses
• Art. 1: General Provisions
• Div. 1: Evidence

Text

(a) In all civil actions brought in any court of the State of Alabama, proof by substantial evidence shall be required to submit an issue of fact to the trier of the facts. Proof by substantial evidence shall be required for purposes of testing the sufficiency of the evidence to support an issue of fact in rulings by the court, including without limitation, motions for summary judgment, motions for directed verdict, motions for judgment notwithstanding the verdict, and other such motions or pleadings respecting the sufficiency of evidence.
(b) The scintilla rule of evidence is hereby abolished in all civil actions in the courts of the State of Alabama.
(c) With respect to any issue of fact for which a higher standard of proof is required, whether by statute, or by rule or decision of the courts of the state, substantial evidence shall not be sufficient to carry the burden of proof, and such higher standard of proof shall be required with respect to such issue of fact.
(d) Substantial evidence shall mean evidence of such quality and weight that reasonable and fair-minded persons in the exercise of impartial judgment might reach different conclusions as to the existence of the fact sought to be proven. A scintilla of evidence is insufficient to permit submission of an issue of fact to the trier of facts.
(e) This section shall not apply to any civil action pending in the courts of this state on June 11, 1987.

Legislative History

(Acts 1987, No. 87-184, p. 249, §§1-4, 6.)