Neither the superintendent nor a physician of a state mental health facility or hospital shall be compelled to attend as a witness to testify as an expert in any case or on any question of insanity or psychological medicine in the state; provided, that he shall certify, in writing, within 10 days after the service of the summons, that his absence from the facility or hospital, in his best judgment, will interfere with his or her professional duties and the welfare of the patients under his care. But defendants in criminal cases and the state by the consent of the defendant and, in civil cases, either party may take the deposition of the superintendent or of any of the physicians as to all matters involving his or their expert opinion when such testimony is admissible.
(Code 1896, §2571; Code 1907, §875; Code 1923, §1460; Code 1940, T. 45, §226.)
Notes of Decisions
Cited in
6
cases, 1985–1993 · leading case:
Jackson v. State, 640 So. 2d 1025 (Ala. Crim. App. 1992).
Jackson v. State, 640 So. 2d 1025 (Ala. Crim. App. 1992).
· cites it 7× “In Part VII-C, the majority finds that "the appellant suffered no prejudice pursuant to [Ala.Code 1975, § 22-50-22] or the trial court's finding of the statute as unconstitutional," supra at 38.”
Magwood v. Smith, 608 F. Supp. 218 (M.D. Ala. 1985).
· cites it 2× “Its decision not to issue a bench warrant was based on its understanding of Ala.Code § 22-50-22 (1975), which provides that a witness such as Dr.”
Baker v. State, 473 So. 2d 1130 (Ala. 1985).
“1980), in which this Court held that Code 1975, § 22-50-22, providing for depositions of physicians at state mental health facilities “furnish[es] a constitutional alternative to compulsory attendance at trial.”
Mayben v. State, 629 So. 2d 723 (Ala. Crim. App. 1993).
“1980), in which this Court held that Code 1975, § 22-50-22 providing for depositions of physicians at state mental health facilities ‘furnish[es] a constitutional alternative to compulsory attendance at trial.”
Jackson v. State, 640 So. 2d 1052 (Ala. 1993).
· cites it 2× “1992), regarding Ala.Code 1975, § 22-50-22. WRIT QUASHED AS IMPROVIDENTLY GRANTED.”
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treatment. Dots show Syfertize treatment of the citing case itself.