Code of Alabama

Ala. Code § 35-4-70 (2026)

Affidavits - Admissibility as Evidence.

✓ official Alabama Legislature (ALISON) text, current July 2026
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In any litigation over any of the lands referred to and described in any of such affidavits, in any court in the state of Alabama or in any proceedings in any such court involving the title to such lands, wherein the facts recited in such affidavits may be material, the said affidavits or certified copies of the record thereof shall be admissible as evidence of the facts therein recited and shall be sufficient to prima facie establish such facts. The said affidavits or certified copies thereof shall only be admissible as evidence in the event the parties making the affidavits are deceased, are nonresidents of the state, their residence is unknown to the parties offering the affidavits, or such parties are too old, infirm, or sick to attend court.

(Acts 1915, No. 805, p. 919; Code 1923, §6874; Code 1940, T. 47, §117; Acts 1945, No. 343, p. 559.)

Notes of Decisions
Cited in 1 case, 2017–2017 · leading case: Simmons Grp., Ltd. v. Caine O'Rear, Jr. Fam. Trust, 233 So. 3d 335 (Ala. 2017).
Simmons Grp., Ltd. v. Caine O'Rear, Jr. Fam. Trust, 233 So. 3d 335 (Ala. 2017). “Section 35-4-70, Ala. Code 1975, governs the admissibility of affidavits as evidence in litigation over title to land and states that affidavits "shall be admissible as evidence of the facts therein recited and shall be sufficient to prima facie establish such facts.”
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