AL · rules
Ala. R. Crim. P. 32.9
Evidentiary hearing
(a) HEARING. Unless the court dismisses the petition, the petitioner shall
be entitled to an evidentiary hearing to determine disputed issues of material fact,
with the right to subpoena material witnesses on his behalf. The court in its
discretion may take evidence by affidavits, written interrogatories, or depositions,
in lieu of an evidentiary hearing, in which event the presence of the petitioner is not
required, or the court may take some evidence by such means and other evidence
in an evidentiary hearing. When facilities are available, the court may in its
discretion order that any evidentiary hearing be held at the place of petitioner’s
confinement, giving at least seven (7) days’ notice to the officer in charge of the
confinement facility. A verbatim record of the hearing shall be made.
(b) TESTIMONY OF PETITIONER. The petitioner may be called to testify at
the hearing by the court or by either party.
(c) DECISION. If the court finds in favor of the petitioner, it shall enter an
appropriate order with respect to the conviction, sentence, or detention; to any
further proceedings, including a new trial; and to any other matters that may be
necessary and proper.
(d) FINDINGS OF FACT. The court shall make specific findings of fact
relating to each material issue of fact presented.
Provenance
- Source
- judicial.alabama.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
5c2f69d582bdc4e57666d6baf6f7429f2c395b935227f57b99ebe77ac15d0e66
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.