Alabama Statutes

§ 12-21-61 — Subscribing Witnesses - When Must Be Produced

Alabama·Title 12 Courts·Ch. 21 Evidence and Witnesses·Art. 1 General Provisions·Div. 1 Evidence

The subscribing witness to prove execution of private documents must be produced in all cases except the following, unless otherwise specially provided:

(1)Ancient writings which prove themselves;

(2)If from any cause the witness cannot be produced or sworn;

(3)Official bonds required by law to be approved or tested by a particular functionary;

(4)If the paper is only incidentally or collaterally material to the case;

(5)If the party executing the written instrument testifies to its execution; or

(6)If the document is self-proving or properly acknowledged.

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The subscribing witness to prove execution of private documents must be produced in all cases except the following, unless otherwise specially provided:
(1) Ancient writings which prove themselves;
(2) If from any cause the witness cannot be produced or sworn;
(3) Official bonds required by law to be approved or tested by a particular functionary;
(4) If the paper is only incidentally or collaterally material to the case;
(5) If the party executing the written instrument testifies to its execution; or
(6) If the document is self-proving or properly acknowledged.

Alabama § 12-21-61 (Subscribing Witnesses - When Must Be Produced) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

(Code 1907, §4004; Code 1923, §7702; Code 1940, T. 7, §416.)

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