Ala. R. Crim. P. 32.3 (2026)

Alabama Rules of Criminal Procedure

Rule 32. Post-conviction remedies.

Rule 32.3. Burden of proof.

The petitioner shall have the burden of pleading and proving by a preponderance of the evidence the facts necessary to entitle the petitioner to relief. The state shall have the burden of pleading any ground of preclusion, but once a ground of preclusion has been pleaded, the petitioner shall have the burden of disproving its existence by a preponderance of the evidence.