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Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
Rule 607 allows any party to impeach any witness.
R. Evid. 701, which vests the trial court with discretion to permit lay witnesses to give opinions but only under certain conditions. Alabama Rule of Evidence 701, like its identical counterpart under the Federal Rules of Evidence, permits lay witnesses to give opinions whenever two conditions are met.
Under Rule 801, whenever evidence of an act is offered, it will be for the trial court to determine whether it was intended by the actor as an assertion. The burden of proving such an intention is on the party claiming the intention.
Federal Rule 804(b)(6) provides a hearsay exception for statements by unavailable witnesses when the party against whom the statement is offered "caused -- or acquiesced in wrongfully causing -- the declarant's unavailability as a witness, and did so intending that result." Alabama's Rule 804(b)(5) rejects the phrase " ...
The Alabama Rules of Evidence Rule 803 exceptions are particularly relevant to district court proceedings, as these exceptions can render hearsay admissible without regard to the availability of the person who made the statement being present at trial.
Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.
Rule 901. Requirement of authentication or identification. (a) General provision. The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.