§ 15-11-12 — Requiring Witnesses to Enter Undertaking; Form of Undertaking

(a) The court may require the witnesses for the prosecution to enter into an undertaking, in the sum of $100.00 each, to appear and testify at the court having cognizance of the offense and, if requested by the defendant, may require his witnesses to enter into such undertaking.
(b) The undertaking of the witnesses for the prosecution or defense may be in substance as follows:
“The State of Alabama, )
We, A.B., C.D., and E.F., witnesses against (or for, as the case may be), G.H.,
__________ County, )
charged with a public offense, do each agree to appear at the district court of _____ County, to give evidence against (or for, as the case may be) him and, failing to do so, to pay to the State of Alabama (or to the said G. H., if the undertaking is for the defendant’s witnesses) $100.00.
Dated this _____ day of _____, 20__.
(Signed) A.B.
C.D.
E.F.
Taken by L. M., Judge, District Court.”
(c) Whenever the court has good reason to believe that a witness for the prosecution will not appear to testify, it may order such witness to enter into an undertaking to appear and testify in a larger sum and with sufficient sureties, but such surety must not be required from any witness who does not reside in this state and within 50 miles of the place where the examination takes place.

Legislative History

(Code 1852, §§466-469; Code 1867, §§4015-4018; Code 1876, §§4685-4688; Code 1886, §§4292-4294; Code 1896, §§5241-5243; Code 1907, §§7609-7611; Code 1923, §§5242-5244; Code 1940, T. 15, §§145-147.)