Code of Alabama
Ala. Code § 15-7-2 (2026)
Examination of Complainant and Witnesses; Taking of Depositions.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) Upon a complaint being made to a judge or magistrate that an offense has, in the opinion of the complainant, been committed, the judge or magistrate must examine the complainant and such witnesses as he may propose on oath, take their depositions in writing and cause them to be subscribed by the person making them.
(b) The depositions must set forth the facts stated by the complainant and his witnesses tending to establish the commission of the offense and the guilt of the defendant.
(Code 1852, §§429, 430; Code 1867, §3978, 3979; Code 1876, §§4648, 4649; Code 1886, §§4256, 4257; Code 1896, §§5205, 5206; Code 1907, §§7585, 7586; Code 1923, §§5218, 5219; Code 1940, T. 15, §§120, 121.)
Notes of Decisions
Cited in 3
cases, 1985–2019 · leading case: Crittenden v. State, 476 So. 2d 626 (Ala. Crim. App. 1985).
Crittenden v. State, 476 So. 2d 626 (Ala. Crim. App. 1985). “The affidavit merely parrots the wording of the statute. The affidavit does not state facts tending to establish the commission of the offense and the guilt of the defendant, as required by § 15-7-2(b), Code of Alabama 1975.”
Ex parte Ronald Eugene Hollander, Jr., 164 So. 3d 1123 (Ala. 2014). “The statement of facts attached to the complaint is unsigned and unsworn, contrary to the requirements of § 15-7-2, Ala. Code 1975. Although the statement of facts does not indicate which police officer witnessed the alleged crimes, the grand jury's indictment identifies the…”
Johnson v. Yarbrough (N.D. Ala. 2019). “” Ala. Code (1975) § 15-7-2(a). The judge or magistrate must then take the sworn depositions of the complainant and any witnesses with knowledge of the alleged crime.”
— Ala. Code § 15-7-2(a) — 1 case
Johnson v. Yarbrough (N.D. Ala. 2019). “” Ala. Code (1975) § 15-7-2(a). The judge or magistrate must then take the sworn depositions of the complainant and any witnesses with knowledge of the alleged crime.”
— Ala. Code § 15-7-2(b) — 1 case
Crittenden v. State, 476 So. 2d 626 (Ala. Crim. App. 1985). “The affidavit merely parrots the wording of the statute. The affidavit does not state facts tending to establish the commission of the offense and the guilt of the defendant, as required by § 15-7-2(b), Code of Alabama 1975.”
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