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Alabama · Through Act 2026-611

Ala. Code § 12-21-61: Subscribing Witnesses - When Must Be Produced.

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Where this section sits in the code
  1. Title 12 Courts.
  2. Chapter 21 Evidence and Witnesses.
  3. Article 1 General Provisions.
  4. Division 1 Evidence.
  5. Division 3 Authentication of Documents, Proof of Facts, Etc.

The subscribing witness to prove execution of private documents must be produced in all cases except the following, unless otherwise specially provided:

(1) Ancient writings which prove themselves;

(2) If from any cause the witness cannot be produced or sworn;

(3) Official bonds required by law to be approved or tested by a particular functionary;

(4) If the paper is only incidentally or collaterally material to the case;

(5) If the party executing the written instrument testifies to its execution; or

(6) If the document is self-proving or properly acknowledged.

Collected 2026-09-03T14:01:52Z. Source file · JSON

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