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 2.1 – Commencement of criminal proceedings

All criminal proceedings shall be commenced either by indictment or by complaint.

Ala. R. Crim. P. 2.1

Committee Comments

The usual procedure for commencing a criminal action is by a complaint. The grand jury also may act on matters presented to it without there being a complaint, and thus the charging instrument “commencing” the action is the indictment (which encompasses also presentments). Under the Alabama Constitution of 1901, criminal actions may not be “commenced” by an information, but under the very limited procedure provided in Rule 2.2(e), infra, once an action is commenced by complaint, the defendant may be proceeded against by information.

← Previous Next →