Code of Alabama
Ala. Code § 12-21-43 (2026)
Writings or Records Made in Regular Course of Business - Originals.
✓ official Alabama Legislature (ALISON) text, current July 2026
Any writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of any act, transaction, occurrence or event, shall be admissible in evidence in proof of said act, transaction or event if it was made in the regular course of any business and it was the regular course of the business to make such memorandum or record at the time of such act, transaction, occurrence or event, or within a reasonable time thereafter. All other circumstances of the making of such writing or record, including lack of personal knowledge by the entrant or maker, may be shown to affect its weight, but they shall not affect its admissibility. The term, “business” shall include a business, profession, occupation and calling of every kind.
(Code 1940, T. 7, §415.)
Notes of Decisions
Cited in 26
cases, 1979–2017 · leading case: Ex Parte Frith, 526 So. 2d 880 (Ala. 1988).
Ex Parte Frith, 526 So. 2d 880 (Ala. 1988). “Section 12-21-43 requires that it be shown (1) that the record or writing was made as a memorandum or record of an act, transaction, occurrence, or event; (2) that the record was made in the regular course of business; and (3) that it was the regular course of business to make…”
Smith v. State, 898 So. 2d 907 (Ala. Crim. App. 2004). “; [5] § 12-21-43, Ala.Code 1975. We note, at the outset, that the indictment in this case charged Smith with murder by asphyxiation.”
Arthur v. State, 711 So. 2d 1031 (Ala. Crim. App. 1996). “However, § 12-21-43, Code of Alabama 1975, contains no such requirement.”
White Consol. Ind. v. Am. Liberty, 617 So. 2d 657 (Ala. 1993). “, superseded the Alabama Business Records Act (Ala.Code 1975, § 12-21-43) as to civil proceedings.”
Lewis v. State, 24 So. 3d 480 (Ala. Crim. App. 2007). “Code 1975, *510 § 12-21-43, it could not have been authenticated by Dr.”
Thomas v. State, 824 So. 2d 1 (Ala. Crim. App. 2001). “(The court disposed of the issue by concluding that, "even if the admission of the fingerprint card[] was improper, that error was harmless in view of the other evidence against appellant Weaver." Id. However, the Alabama Supreme Court explicitly rejected the harmless-error…”
Ex Parte Land, 678 So. 2d 224 (Ala. 1996). “Code 1975] essentially establish a public record exception to the hearsay rule that is similar in nature to the business record exception found in § 12-21-43." 580 So.2d at 55 . [4] This rule creates duties for the court reporter in addition to those established by Ala.”
Adams v. State, 955 So. 2d 1037 (Ala. Crim. App. 2003). “1984), we stated: "We hold that an autopsy report, made in the regular course of the business of the Department of Forensic Sciences, is admissible into evidence under the Alabama Business Records Act [§ 12-21-43, Ala.Code 1975]. To the extent that such a report contains…”
Arthur v. State, 575 So. 2d 1165 (Ala. Crim. App. 1990). “In regard to the foundational requirements for the introduction of work release records and phone bills, see §§ 12-21-43 and -44; C. Gamble, McElroy's Alabama Evidence §§ 254.”
Johnson v. State, 120 So. 3d 1130 (Ala. Crim. App. 2009). “Section 12-21-43 requires that it be shown (1) that the record or writing was made as a memorandum or record of an act, transaction, occurrence, or event; (2) that the record was made in the regular course of business; and (3) that it was the regular course of business to make…”
MacK v. State, 375 So. 2d 476 (Ala. Crim. App. 1979). “State's Exhibit 18 was properly admitted into evidence as a record made in *497 the regular course of business pursuant to the provisions of Section 12-21-43, Code of 1975. There was no error in permitting witness Kibbler, who was thoroughly familiar with the book in which the…”
Randle v. State, 554 So. 2d 1124 (Ala. Crim. App. 1986). “" In support of the issue now under consideration, counsel for appellant quotes Section 12-21-43 of the Alabama Code as follows: "Any writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of any *1128 act, transaction,…”
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