Ala. R. Evid. 616

As amended through October 30, 2024
Rule 616 - Impeachment by evidence of bias, prejudice, or interest

A party may attack the credibility of a witness by presenting evidence that the witness has a bias or prejudice for or against a party to the case or that the witness has an interest in the case.

Ala. R. Evid. 616

Advisory Committee's Notes

This rule retains the preexisting Alabama practice allowing one to impeach a witness with evidence of acts, statements, or relationships indicating bias. Jones v. State, 527 So. 2d 795 (Ala. Crim. App. 1988); Alabama Power Co. v. White, 377 So. 2d 930 (Ala. 1979). The bias that may be shown includes both bias for a party and bias against a party. See C. Gamble, McElroy's Alabama Evidence § 149.01 (4th ed. 1991).

There is no counterpart to this rule in the Federal Rules of Evidence. Indeed, the federal rules do not specifically mention bias as a form of impeachment. The United States Supreme Court, however, has recognized the propriety of impeaching with evidence of bias, prejudice, or interest, despite the fact that such a medium of impeachment, long recognized at common law, is not expressly mentioned in the Federal Rules of Evidence. United States v. Abel, 469 U.S. 45 (1984).

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