By Megan K. McCarthy and Jason S. McCormick In September 2019, district courts in Alabama became much more active for a civil lawyer because the district court’s jurisdictional limit increased from $10,000 to $20,000.
By Judge William D. Motlow and R. Bradley Phillips There is a misconception among some attorneys that the Rules of Evidence do not apply during proceedings in the probate courts of this state. Rule 1101 of the Rules states the “rules of evidence apply in all proceedings in the courts of Alabama.”
By Judge W. Scott Donaldson “The Constitution guarantees a fair trial through the Due Process Clauses...[A] fair trial is one in which evidence subject to adversarial testing is presented to an impartial tribunal for resolution of issues defined in advance of the proceeding.”
The Alabama Rules of Evidence did not become effective until January 1, 1996, nearly 200 years after the Alabama court system was created. For many decades, Alabama evidence law was found in the case law, statutes, and the constitutions of both Alabama and the United States
Family law is full of emotion and drama mixed in with biased facts and evidentiary pitfalls. Whether you are in the midst of an original divorce or attempting to modify custody or alimony, it is important to understand the Rules of Evidence to effectively represent your client.
Many lawyers who rarely find themselves representing accused, abused, or neglected children or their family members in juvenile court often feel as if they’ve “gone down the rabbit hole.”
I would be less than honest if I did not tell all you fellow lawyers that I believe I practice law in the best spot in Alabama – the town of Enterprise in Coffee County. Our city is the home of a world-famous statue – and the only statue in the world honoring an insect called the boll weevil. This statue exemplifies and honors the adversity, determination, diversity, and triumph the people of Enterprise and Coffee County faced more than 100 years ago.
