(a) Any witness who, after being subpoenaed, fails to attend pursuant to the mandate of the subpoena and remain until his testimony is given or he is discharged forfeits $100.00 to the use of the party summoning him, and the attendance of such witness may be compelled by attachment.
(b) A conditional judgment must, on motion of such party, be entered against such witness and a notice issued to him that such judgment will be made absolute unless he appears within 30 days from the date of the service of such notice and renders a good excuse for his default; and, if he fails to appear and render a satisfactory excuse for his default, such judgment may be made absolute or reduced, as the court may direct.
(c) Witnesses failing to attend court may make their excuse by affidavit, or viva voce, in open court, which the court must hear at any time, unless engaged in the trial of a case, and, if the excuse is sufficient, release the party from any fine imposed, without the payment of costs.
(Code 1852, §§2307, 2308, 2312; Code 1867, §§2709, 2710, 2714; Code 1876, §§3064, 3065, 3068; Code 1886, §§2796-2798; Code 1896, §§1828-1830; Code 1907, §§4025-4027; Code 1923, §§7739-7741; Code 1940, T. 7, §§452-454.)
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1989–2026 · leading case:
Spencer v. State, 58 So. 3d 215 (Ala. Crim. App. 2009).
Spencer v. State, 58 So. 3d 215 (Ala. Crim. App. 2009).
“may be attached by order of the court’) and § 12-21-182(a) (‘the attendance of such witness may be compelled by attachment’).”
Murray v. State, 588 So. 2d 924 (Ala. 1991).
· cites it 3× “127 (1930); Ala.Code 1975, § 12-21-182(a); Rule 17.5, Ala.”
McTerry v. State, 680 So. 2d 953 (Ala. Crim. App. 1996).
“may be attached by order of the court”) and § 12-21-182(a) (“the attendance of such witness may be compelled by attachment”).”
Palmer v. Palmer, 556 So. 2d 390 (Ala. Civ. App. 1989).
· cites it 4× “Clark , the case relied on by the trial judge, provides in pertinent part: “Attachments of absent subpoenaed witnesses are still authorized in criminal cases by § 12-21-182 of the Alabama Code, but, as to civil cases, that code section is superseded by Rule 45(f), Alabama Rules…”
Bus. Realty Inv. Co. v. City of Birmingham, 739 So. 2d 523 (Ala. Civ. App. 1999).
“In this case, the subpoena *527 for Miller was not served on him personally, nor was it left at Miller’s abode with a “person of suitable age and discretion residing therein,” as required by Rule 45. Thus, we conclude that BRIC’s subpoena was not properly served on Miller.”
State of Ala. v. Stephens, 876 F. Supp. 263 (M.D. Ala. 1995).
“Lipton refuses to testify, attachment proceedings may or may not be initiated against him under § 12-21-182, Code of Alabama, and contempt proceedings may or may not be initiated against him under Rule 33, Ala.”
— Ala. Code § 12-21-182(a) — 5 cases
Spencer v. State, 58 So. 3d 215 (Ala. Crim. App. 2009).
“may be attached by order of the court’) and § 12-21-182(a) (‘the attendance of such witness may be compelled by attachment’).”
Murray v. State, 588 So. 2d 924 (Ala. 1991).
“127 (1930); Ala.Code 1975, § 12-21-182(a); Rule 17.5, Ala.”
McTerry v. State, 680 So. 2d 953 (Ala. Crim. App. 1996).
“may be attached by order of the court”) and § 12-21-182(a) (“the attendance of such witness may be compelled by attachment”).”
Palmer v. Palmer, 556 So. 2d 390 (Ala. Civ. App. 1989).
“Clark , the case relied on by the trial judge, provides in pertinent part: “Attachments of absent subpoenaed witnesses are still authorized in criminal cases by § 12-21-182 of the Alabama Code, but, as to civil cases, that code section is superseded by Rule 45(f), Alabama Rules…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.