Code of Alabama
Ala. Code § 15-25-36 (2026)
Court to Inform Jury as to Out-of-Court Statement.
✓ official Alabama Legislature (ALISON) text, current July 2026
The court shall inform the jury that the out-of-court statement was taken without the defendant being afforded cross examination of the out-of-court statement.
(Acts 1989, No. 89-876, p. 1754, §6; Act 2022-201, §2.)
Notes of Decisions
Cited in 3
cases, 1999–2000 · leading case: R.D.W. v. State, 773 So. 2d 426 (Ala. 2000).
R.D.W. v. State, 773 So. 2d 426 (Ala. 2000). “though not verbatim, is substantially similar to the language of Ala.Code 1975, § 15-25-36, which provides: “The court shall inform the jury that the out-of-court statement was taken without the defendant being afforded cross examination of such outmf-court statement.”
P.D.F. v. State, 758 So. 2d 1118 (Ala. Crim. App. 1999). “contends that (1) the trial court erred to reversal for failing to instruct the jury according to § 15-25-36, Ala.Code 1975, (2) his trial counsel was ineffective for failing to request the trial court to instruct the jury according to § 15-25-36, Ala.”
Ex Parte RDW, 773 So. 2d 426 (Ala. 2000). “'s requested written instruction, although not verbatim, is substantially similar to the language of Ala.Code 1975, § 15-25-36, which provides: "The court shall inform the jury that the out-of-court statement was taken without the defendant being afforded cross examination of…”
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