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57-3-1 |
Ch. 57 — EVIDENCE AND WITNESSES |
Competency of Witnesses |
Competency of Party or Interested Person to Testify; Transactions With Decedent or Lunatic |
No person offered as a witness in any civil action, suit or proceeding, shall be excluded by reason of his interest in the event of the action, suit or proceedi… |
Proofed
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57-3-2 |
Ch. 57 — EVIDENCE AND WITNESSES |
Competency of Witnesses |
Competency of Husband and Wife to Testify |
Husband and wife shall be competent witnesses to testify for or against each other in all cases, civil and criminal, except as otherwise provided. |
Proofed
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57-3-3 |
Ch. 57 — EVIDENCE AND WITNESSES |
Competency of Witnesses |
Competency of Husband and Wife in Criminal Cases; When Husband or Wife Compellable to Testify Against Each Other; Comment on Failure to Testify |
In criminal cases husband and wife shall be allowed, and, subject to the rules of evidence governing other witnesses, may be compelled to testify in behalf of e… |
Proofed
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57-3-4 |
Ch. 57 — EVIDENCE AND WITNESSES |
Competency of Witnesses |
Confidential Communications Between Husband and Wife |
Neither husband or wife shall, without the consent of the other, be examined in any case as to any confidential communication made by one to the other while mar… |
Proofed
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57-3-5 |
Ch. 57 — EVIDENCE AND WITNESSES |
Competency of Witnesses |
Competency of Convicts as Witnesses |
Conviction of felony or perjury shall not render the convict incompetent to testify, but the fact of conviction may be shown in evidence to affect his credibili… |
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57-3-6 |
Ch. 57 — EVIDENCE AND WITNESSES |
Competency of Witnesses |
Competency of Accused to Testify; Waiver of Privilege by Testifying; Comment on Failure to Testify |
In any trial or examination in or before any court or officer for a felony or misdemeanor, the accused shall, with his consent (but not otherwise), be a compete… |
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57-3-7 |
Ch. 57 — EVIDENCE AND WITNESSES |
Competency of Witnesses |
Race or Color Not an Incompetency |
No person shall be incompetent as a witness on account of race or color. |
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57-3-8 |
Ch. 57 — EVIDENCE AND WITNESSES |
Competency of Witnesses |
Cases in Which Chiropractor Not Competent Witness |
No practitioner of chiropractic shall be permitted to qualify as a competent witness, in so far as medical testimony or medical facts may be concerned, in any p… |
Proofed
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57-4-1 |
Ch. 57 — EVIDENCE AND WITNESSES |
Depositions and Perpetuation of Testimony |
Taking and Using Depositions |
In any pending case the deposition of a witness, whether a party to the suit or not, may, without commission, be taken in or out of this State by a justice, or … |
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57-4-2 |
Ch. 57 — EVIDENCE AND WITNESSES |
Depositions and Perpetuation of Testimony |
Taking Depositions Out of State; Authentication |
On affidavit that a witness resides out of this State, or is out of it in the service thereof, or of the United States, or is out of this State and for justifia… |
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57-4-3 |
Ch. 57 — EVIDENCE AND WITNESSES |
Depositions and Perpetuation of Testimony |
Notice to Take Depositions; When Deposition May be Read In Equity |
Reasonable notice shall be given to the adverse party of the time and place of taking every deposition. And in a suit in equity a deposition may be read if retu… |
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57-4-4 |
Ch. 57 — EVIDENCE AND WITNESSES |
Depositions and Perpetuation of Testimony |
Reading Deposition In a Case at Law; Compelling Deponent Out of County to Attend |
A deposition in a case at law, taken on such notice under the three preceding sections, may be read in such case, if when it is offered, the deponent be dead, o… |
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57-4-5 |
Ch. 57 — EVIDENCE AND WITNESSES |
Depositions and Perpetuation of Testimony |
When Deposition May be Read by Opponent |
When a deposition has been filed, if not read on the trial by the party taking it, it may be read by the other party. |
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57-4-6 |
Ch. 57 — EVIDENCE AND WITNESSES |
Depositions and Perpetuation of Testimony |
Taking Deposition After Judgment, Decree or Order; Reading Such Deposition |
In any case wherein there has been a judgment, decree or order from or to which an appeal, writ of error or supersedeas has been or might be allowed, a depositi… |
Proofed
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57-4-7 |
Ch. 57 — EVIDENCE AND WITNESSES |
Depositions and Perpetuation of Testimony |
Perpetuating Testimony; Effect; Costs |
A person desirous of perpetuating the testimony of witnesses as to a matter, whether a suit be pending in relation thereto or not, may file with a commissioner … |
Proofed
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57-5-1 |
Ch. 57 — EVIDENCE AND WITNESSES |
Miscellaneous Provisions |
Summons for Witnesses |
A summons may be issued, directed as prescribed in section five, article three, chapter fifty-six of this Code, commanding the officer to summon any person to a… |
Proofed
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57-5-2 |
Ch. 57 — EVIDENCE AND WITNESSES |
Miscellaneous Provisions |
When Witness May be Compelled to Give Evidence Against Himself; Immunity |
In any criminal proceeding no person shall be excused from testifying or from producing documentary or other evidence upon the ground that such testimony or evi… |
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57-5-3 |
Ch. 57 — EVIDENCE AND WITNESSES |
Miscellaneous Provisions |
Production of Writings by Party; Effect of Failure to Produce Writings |
In any case at law, upon a party making affidavit that a particular book of accounts, or other writing or paper is important for him to have in the trial of his… |
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57-5-4 |
Ch. 57 — EVIDENCE AND WITNESSES |
Miscellaneous Provisions |
Production of Writings by Others Than Parties |
When it appears by affidavit or otherwise that a writing or document in the possession of any person not a party to the matter in controversy is material and pr… |
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57-5-5 |
Ch. 57 — EVIDENCE AND WITNESSES |
Miscellaneous Provisions |
Witness Failing to Attend or Produce Writing; Fine; Attachment; Liability |
If any person, after being served with such summons, fail to attend to give evidence or to produce such writing or document according to the summons, the court … |
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57-5-6 |
Ch. 57 — EVIDENCE AND WITNESSES |
Miscellaneous Provisions |
Witness Attending and Refusing to Testify or Produce Writing May be Committed |
If a person, after being served with such summons, shall attend and yet refuse to be sworn, or to give evidence, or to produce any writing or document required,… |
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57-5-7 |
Ch. 57 — EVIDENCE AND WITNESSES |
Miscellaneous Provisions |
How Sworn |
Interpreters may be sworn truly to interpret, when necessary. |
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57-5-8 |
Ch. 57 — EVIDENCE AND WITNESSES |
Miscellaneous Provisions |
Oaths to Witnesses |
Any person before whom a witness is to be examined may administer an oath to such witness. |
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57-5-9 |
Ch. 57 — EVIDENCE AND WITNESSES |
Miscellaneous Provisions |
Who May Administer an Oath or Take an Affidavit; How Affidavit Made in Another State Authenticated |
Any judge of this State may administer any oath that is or may be lawful for any person to take, including oaths of office, and also may swear any person to an … |
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57-5-10 |
Ch. 57 — EVIDENCE AND WITNESSES |
Miscellaneous Provisions |
Affidavit of Nonresidence; Publication in Newspaper |
In any suit an affidavit that the witness or party resides out of this State, or is out of it, shall be prima facie evidence of the fact although such affidavit… |
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58-1-1 |
Ch. 58 — APPEAL AND ERROR |
Errors Not Reversible |
Judgment on Confession Release of Errors |
A judgment on confession shall be equal to a release of errors in the proceedings. |
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58-1-2 |
Ch. 58 — APPEAL AND ERROR |
Errors Not Reversible |
Harmless Error |
No judgment or decree shall be arrested or reversed for the appearance of either party, being under the age of twenty-one years, by attorney, if the verdict (wh… |
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58-1-3 |
Ch. 58 — APPEAL AND ERROR |
Errors Not Reversible |
Want of Replication or Other Informality in Chancery Proceedings |
No decree shall be reversed for want of a replication to the answer, where the defendant has taken depositions as if there had been a replication; and when it a… |
Proofed
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58-2-1 |
Ch. 58 — APPEAL AND ERROR |
Review in Lower Court |
Reservation to Infants of Right to Show Cause Against Decree or Order |
It shall not be necessary to insert in any decree or order a provision allowing an infant to show cause against it within a certain time after he attains the ag… |
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58-2-2 |
Ch. 58 — APPEAL AND ERROR |
Review in Lower Court |
Bill of Review |
A court or judge allowing a bill of review may award an injunction to the decree to be reviewed. But no bill of review shall be allowed to a final decree, unles… |
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58-2-3 |
Ch. 58 — APPEAL AND ERROR |
Review in Lower Court |
Correction of Clerical Errors or Errors of Fact by Motion in Trial Court |
For any clerical error or error in fact for which a judgment or decree may be reversed or corrected on writ of error coram nobis, the same may be reversed or co… |
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58-2-4 |
Ch. 58 — APPEAL AND ERROR |
Review in Lower Court |
Reversal of Default Judgment or Decree on Bill Taken for Confessed, on Motion in Trial Court |
The court in which there is a judgment by default, or a decree on a bill taken for confessed, or the judge of such court in vacation thereof, may, on motion, re… |
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58-2-5 |
Ch. 58 — APPEAL AND ERROR |
Review in Lower Court |
Correction on Motion of Error in Judgment, Decree or Pleading by Reference to Other Parts of Record or Proceedings; Remitting Excess in Judgment or Decree |
A court in which is rendered a judgment or decree in a cause wherein there is in a declaration or pleading, or in the record of the judgment or decree, any mist… |
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58-2-6 |
Ch. 58 — APPEAL AND ERROR |
Review in Lower Court |
Notice and Time of Motion |
Every motion under this article shall be after reasonable notice to the opposite party, his agent or attorney, in fact or at law, and shall be within eight mont… |
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58-2-7 |
Ch. 58 — APPEAL AND ERROR |
Review in Lower Court |
Motion for Correction Prerequisite to Appeal or Writ of Error; Decision in Appellate Court |
No appeal, writ of error, or supersedeas shall be allowed or entertained by an appellate court or judge for any matter for which a judgment or decree is liable … |
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58-3-1 |
Ch. 58 — APPEAL AND ERROR |
Appeals From County Courts |
When Appeal Lies |
An appeal shall lie to the circuit court of the county from the final order of the county court in the following cases: (a) In cases of contested elections tri… |
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58-3-2 |
Ch. 58 — APPEAL AND ERROR |
Appeals From County Courts |
When Procedure to be Controlled by Provisions of This Article |
In any case where there may be an appeal under the preceding section and the manner of appeal is not otherwise specially provided by law, the procedure shall be… |
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58-3-3 |
Ch. 58 — APPEAL AND ERROR |
Appeals From County Courts |
Bills, or Certification, of Exceptions for Appeal |
At the trial or hearing of any matter by the county court as to which an appeal will lie under section one of this article, a party may except to any opinion of… |
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58-3-4 |
Ch. 58 — APPEAL AND ERROR |
Appeals From County Courts |
Petition; Limitation; Record With Petition |
In any case in which an appeal lies under section one of this article on behalf of a party to a controversy in a county court, such party may present to the cir… |
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58-3-5 |
Ch. 58 — APPEAL AND ERROR |
Appeals From County Courts |
Procedure When Appeal Allowed |
If the appeal be allowed, it shall be docketed and the order of allowance shall specify what bond, if any, is required before such appeal shall take effect, and… |
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58-3-6 |
Ch. 58 — APPEAL AND ERROR |
Appeals From County Courts |
Application to Supreme Court of Appeals When Appeal Refused by Circuit Court; Procedure |
If the appeal be refused by the circuit court, the refusal shall be indorsed on the petition, which, together with the original record mentioned in section four… |
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58-3-7 |
Ch. 58 — APPEAL AND ERROR |
Appeals From County Courts |
Procedure Upon Decision of the Appeal |
After the decision of the appeal by the circuit court, the cause or matter shall be remanded to the county court, or be retained in the circuit court and there … |
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58-4-1 |
Ch. 58 — APPEAL AND ERROR |
Appeals From Courts of Record of Limited Jurisdiction |
When Appeal, Writ of Error or Supesedeas to be Awarded by Circuit Court or Judge |
An appeal from, or writ of error or supersedeas to, any judgment, decree or order of any court of record of limited jurisdiction established under the provision… |
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58-4-2 |
Ch. 58 — APPEAL AND ERROR |
Appeals From Courts of Record of Limited Jurisdiction |
Certification to Appellate Courts as to Sufficiency of Summons, Return of Service, or Pleading |
Any question arising in such court of limited jurisdiction upon the sufficiency of a summons or return of service, or challenge of the sufficiency of a pleading… |
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58-4-3 |
Ch. 58 — APPEAL AND ERROR |
Appeals From Courts of Record of Limited Jurisdiction |
Petition |
Any person who is a party to any controversy in such court of limited jurisdiction, wishing to obtain a writ of error, appeal or supersedeas, may present a peti… |
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58-4-4 |
Ch. 58 — APPEAL AND ERROR |
Appeals From Courts of Record of Limited Jurisdiction |
Time for Appeal or Writ of Error |
No petition shall be presented to the circuit court or judge for an appeal from, or writ of error or supersedeas to, any judgment, decree or order rendered or m… |
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58-4-5 |
Ch. 58 — APPEAL AND ERROR |
Appeals From Courts of Record of Limited Jurisdiction |
Stay of Proceedings; Bond |
At the instance of any person who desires to present such petition, the court of limited jurisdiction, in which the judgment, decree or order is, may, during th… |
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58-4-6 |
Ch. 58 — APPEAL AND ERROR |
Appeals From Courts of Record of Limited Jurisdiction |
Filing of Petition; Transmission of Petition and Record; Payment of Expenses and Fees; Return of Record |
Such petition, together with a copy thereof, shall be first filed in the office of the clerk of the court of limited jurisdiction wherein the judgment, decree o… |
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58-4-7 |
Ch. 58 — APPEAL AND ERROR |
Appeals From Courts of Record of Limited Jurisdiction |
Order Showing Action of Circuit Court on Petition; Second Petition; Application to Supreme Court of Appeals or Judge Thereof |
The circuit court or the judge thereof, upon consideration of the petition, shall enter an order granting or refusing it. If the circuit court or judge deems th… |
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58-4-8 |
Ch. 58 — APPEAL AND ERROR |
Appeals From Courts of Record of Limited Jurisdiction |
Certiorari for Omitted Portion of Record |
The circuit court may, in any case, award a writ of certiorari to the clerk of the court of limited jurisdiction, and have brought before it, when part of a rec… |
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