Alabama

Criminal Procedure

Rule 1.1 – Scope
Rule 1.2 – Purpose, objectives, and construction
Rule 1.3 – Computation and enlargement of time
Rule 1.4 – Definitions
Rule 1.5 – Applicability of rules
Rule 2.1 – Commencement of criminal proceedings
Rule 2.2 – Prosecution of criminal proceedings
Rule 2.3 – Contents of a complaint
Rule 2.4 – Duty of judge or magistrate upon making of a complaint
Rule 3.1 – Issuance of arrest warrant or summons
Rule 3.2 – Contents of arrest warrant or summons
Rule 3.3 – Execution and return of arrest warrant
Rule 3.4 – Service of summons
Rule 3.5 – Defective arrest warrant
Rule 3.6 – Definition of search warrant
Rule 3.7 – Authority to issue search warrants
Rule 3.8 – Grounds for issuance of search warrant
Rule 3.9 – Issuance of search warrant
Rule 3.10 – Contents of search warrants; time of execution
Rule 3.11 – Execution and return with inventory
Rule 3.12 – Authority to break and enter
Rule 3.13 – Unlawfully seized property
Rule 3.14 – Return of papers to court
Rule 4.1 – Arrest without a warrant
Rule 4.2 – Telephone call after arrest
Rule 4.3 – Procedure upon arrest
Rule 4.4 – Initial appearance
Rule 5.1 – Right to preliminary hearing; waiver; postponement
Rule 5.2 – Summoning witnesses
Rule 5.3 – Proceedings at preliminary hearing
Rule 5.4 – Action taken upon finding of probable cause or of no probable cause
Rule 6.1 – Right to counsel; waiver of right to counsel
Rule 6.2 – Duties of counsel; withdrawal
Rule 6.3 – Determination of indigency
Rule 6.4 – Manner of appointment
Rule – Affidavit of Substantial Hardship and Order (Form C-10)
Rule 7.1 – Definitions and requirements
Rule 7.2 – Right to release on one’s personal recognizance or on bond
Rule 7.3 – Conditions of release
Rule 7.4 – Procedure for determination of release conditions
Rule 7.5 – Review of conditions; revocation of release
Rule 7.6 – Transfer and disposition of bond
Rule – Corporate Surety Bond (Form CR-17)
Rule – Escrow Agreement (Form CR-18)
Rule 8.1 – Priorities in scheduling criminal cases
Rule 8.2 – Duty of prosecutor
Rule 8.3 – Motion for continuance
Rule 9.1 – Defendant’s right to be present
Rule 9.2 – Effect of defendant’s disruptive behavior
Rule 9.3 – Exclusion of witnesses and spectators
Rule 9.4 – Televising, photographing, or radio broadcasting of judicial proceedings
Rule 10.1 – Change of place of trial
Rule 10.2 – Waiver and renewal
Rule 10.3 – Transfer to another county
Rule 11.1 – Definition of incompetency
Rule 11.2 – Examination of defendant’s mental condition; demand for jury
Rule 11.3 – Appointment of experts; commitment for examination; reports; costs
Rule 11.4 – Examination at defense’s expense
Rule 11.5 – Disclosure of mental health evidence
Rule 11.6 – Preliminary review, transfers, hearings, and orders
Rule 11.7 – Subsequent hearings on competency
Rule 11.8 – Privilege
Rule 11.9 – Inapplicability to district and municipal courts
Rule 12.1 – Drawing, summoning, and qualifying the venire
Rule 12.2 – Empaneling the grand jury and petit juries
Rule 12.3 – Oath, instructions, duties, and powers of the grand jury
Rule 12.4 – Grounds for disqualification of a grand juror
Rule 12.5 – Foreman of the grand jury
Rule 12.6 – Persons authorized to be present during sessions of grand jury
Rule 12.7 – Appearance of persons under investigation
Rule 12.8 – Indictment
Rule 12.9 – Challenge to grand jury proceedings or to an indictment
Rule 13.1 – Definitions
Rule 13.2 – Nature and contents of indictment or information
Rule 13.3 – Joinder and consolidation for trial
Rule 13.4 – Severance
Rule 13.5 – Amendment of charge; defect in charge
Rule 14.1 – Necessity for arraignment
Rule 14.2 – Proceedings at arraignment; pleas
Rule 14.3 – Plea negotiations and agreements
Rule 14.4 – Acceptance of guilty plea
Rule 15.1 – Pleadings and motions
Rule 15.2 – Objections and defenses which must be raised by motion
Rule 15.3 – Time of making motions
Rule 15.4 – Hearing on motion
Rule 15.5 – Effect of determination of motion
Rule 15.6 – Motion for pre-trial determination of admissibility of evidence
Rule 15.7 – Pre-trial appeals by the state
Rule 16.1 – Discovery by the Defendant
Rule 16.2 – Discovery by the state/municipality
Rule 16.3 – Continuing duty to disclose
Rule 16.4 – Protective orders and conditions of discovery
Rule 16.5 – Relief for noncompliance
Rule 16.6 – Depositions
Rule 17.1 – Authority to issue subpoenas
Rule 17.2 – Form of subpoena

Rule 17.3 – Subpoena duces tecum
Rule 17.4 – Service of subpoena
Rule 17.5 – Proceedings upon failure of subpoenaed witness to attend and remain
Rule 17.6 – Application to municipal courts
Rule 18.1 – Trial by jury
Rule 18.2 – Jury information
Rule 18.3 – Challenge to the trial venire
Rule 18.4 – Procedure for selecting a jury
Rule 18.5 – Oath and preliminary instruction of jurors
Rule 19.1 – Order of proceeding of trial
Rule 19.2 – Evidence and witnesses
Rule 19.3 – Separation, sequestration, and admonitions to jurors
Rule 19.4 – Duties of court reporters
Rule 20.1 – Nature and form of motion
Rule 20.2 – Motion for judgment of acquittal before submission of case to factfinder
Rule 20.3 – Motion for judgment of acquittal after verdict or judgment of conviction
Rule 21.1 – Instructions to the jury
Rule 21.2 – Additional instructions
Rule 21.3 – Objections
Rule 22.1 – Materials used during deliberation
Rule 22.2 – Further review of evidence and additional instructions
Rule 22.3 – Discharge of Jury
Rule 23.1 – Form and time of returning verdict; sealed verdict
Rule 23.2 – Types of verdicts
Rule 23.3 – Necessity for forms of verdict
Rule 23.4 – Several defendants
Rule 23.5 – Poll of jurors
Rule 24.1 – Motion for new trial
Rule 24.2 – Motion in arrest of judgment
Rule 24.3 – Presentation to judge not required
Rule 24.4 – Denial by operation of law
Rule 24.5 – District and municipal courts
Rule 25.1 – Definitions
Rule 25.2 – Procedure to have the defendant involuntarily committed when defendant found not guilty by reason of mental disease or defect
Rule 25.3 – Hearing
Rule 25.4 – Further commitment for examination by mental health experts
Rule 25.5 – Disclosure of mental health evidence
Rule 25.6 – Orders
Rule 25.7 – Modification of orders and periodic reports
Rule 25.8 – Release from commitment
Rule 25.9 – Right to counsel
Rule 26.1 – Definitions; scope
Rule 26.2 – Time of pronouncing judgment and sentence
Rule 26.3 – Presentence report
Rule 26.4 – Diagnostic evaluation and mental health examination
Rule 26.5 – Disclosure of the presentence, diagnostic, and physical and mental health reports
Rule 26.6 – Sentence hearing
Rule 26.7 – Presence of the defendant
Rule 26.8 – Principles of sentencing
Rule 26.9 – Pronouncement of judgment and sentence; minute entries
Rule 26.10 – Duty of the court after notice of appeal
Rule 26.11 – Fines and restitution
Rule 26.12 – Consecutive or concurrent sentences
Rule 27.1 – Granting probation
Rule 27.2 – Modification and clarification of conditions and regulations
Rule 27.3 – Extension of term of probation; termination of probation; order of discharge
Rule 27.4 – Initiation of revocation proceedings; securing the probationer’s presence; arrest
Rule 27.5 – Initial appearance after arrest
Rule 27.6 – Revocation of probation
Rule 28 – Retention and destruction of records and evidence
Rule 29 – Correction of clerical mistakes
Rule 30.1 – Right to appeal
Rule 30.2 – Appeal from district or municipal court to appropriate appellate court
Rule 30.3 – Notice and perfection of appeal; bond on appeal
Rule 30.4 – Transmission and preparation of records
Rule 30.5 – Prosecution and dismissal of the de novo appeal
Rule 30.6 – Stipulations as to questions of law or fact
Rule 31 – Appeals
Rule 32.1 – Scope of remedy
Rule 32.2 – Preclusion of remedy
Rule 32.3 – Burden of proof
Rule 32.4 – Nature of proceeding and relation to other remedies
Rule 32.5 – Venue
Rule 32.6 – Commencement of proceedings
Rule 32.7 – Additional pleadings; summary disposition; amendments
Rule 32.8 – Prehearing conference
Rule 32.9 – Evidentiary hearing
Rule 32.10 – Appeal
Rule – Form for Use in State Court for Petitions for Relief from Conviction or Sentence Imposed in State Court
Rule 33.1 – Scope; definitions
Rule 33.2 – Summary disposition of direct contempts
Rule 33.3 – Disposition of other contempts; citation; arrest; hearing; and sentence
Rule 33.4 – Punishment for criminal contempt; commitment in cases of civil contempt
Rule 33.5 – Disqualification of judge
Rule 33.6 – Review of contempt proceedings
Rule 34.1 – Motions: form, content, and rights of reply
Rule 34.2 – Hearing; oral argument
Rule 34.3 – Waiver of formal requirements
Rule 34.4 – Service and filing
Rule 34.5 – Notice of orders
Rule 35 – Costs for court-ordered examinations and evaluations, court-appointed experts, and court-appointed counsel
Rule 36 – Unified Judicial System Forms and Sample Forms
Rule 36.1 – Sample forms
Rule 36.2 – Bail bond forms

Rule 3.5 – Defective arrest warrant

An arrest warrant shall not be invalidated nor shall any person in custody thereon be discharged because of a defect in form. The arrest warrant may be amended to remedy such defect.

Ala. R. Crim. P. 3.5

Committee Comments

Rule 3.5 restates the Alabama law in that a mere defect in form, as opposed to a defect in substance, will not serve to invalidate an arrest warrant. See Wilson v. State, 99 Ala. 194, 13 So. 427 (1892). The problem remains for determination of what constitutes a defect in form rather than a defect in substance. Normally, aliases, fictitious names and descriptions are considered matters of form and may be amended if shown to be incorrect.

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