An out-of-court statement may be admitted as provided in Section 15-25-31, if either of the following occur:

(1) The witness testifies at the proceeding, testifies by means of video deposition as provided by Section 15-25-2, or testifies by means of closed circuit television as is provided in Section 15-25-3, and at the time of the testimony is subject to cross-examination about the out-of-court statements.

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Terms Used In Alabama Code 15-25-32

  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • following: means next after. See Alabama Code 1-1-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) The court finds that the witness’s out-of-court statement is shown to the reasonable satisfaction of the court to possess particularized guarantees of trustworthiness and there are reasonable grounds to believe that the defendant or someone acting on behalf of the defendant has intentionally removed the witness from the jurisdiction of the court or that the defendant engaged in wrongdoing that was intended to, and did, procure the unavailability of the witness.

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