Whenever the testimony of a witness at a trial or hearing which was stenographically reported is admissible in evidence at a later trial, it may be proved by the transcript thereof duly certified by the person who reported the testimony.
Rule 80.Stenographic report or transcript as evidence.
Last verified July 6, 2026
In one sentenceRule 80 lets a party prove what a witness said at an earlier trial or hearing by offering a certified transcript of the stenographic report, so that testimony can be used again at a later trial without dragging the original witness back into court.
Full Text of Rule 80
(dc) District court rule. Rule 80 applies in the district courts.
Amendment History
This rule has not been amended since its adoption.
Committee Comments
Committee Comments on 1973 Adoption
The rule is identical with Federal Rule 80(c) and with Rule 80 of the rules of Kentucky, Nevada, New Mexico, North Dakota and Utah. Subdivisions (a) and (b) of Federal Rule 80 were repealed in 1948; their subject matter is adequately covered in Alabama by Code of Ala., §§ 12-17-270 through 12-17-277.
Where the transcript was made by a court reporter, it would be admissible in Alabama without this rule. Alabama Western R.R. v. Downey, 177 Ala. 612, 58 So. 918 (1912).
The rule applies only to an official stenographer. Although a private stenographer or an official stenographer not acting within the scope of his official duty would be a competent witness as to what was said, his certification of the transcript does not make it admissible within this rule. Middleton v. Hartford Accident & Indemnity Co., 119 F.2d 721, 724 (5th Cir.1941); Jones v. State, 174 Ala. 85, 57 So. 36 (1911).
Plain-English Summary
Trials generate transcripts, and sometimes testimony given once needs to resurface later — in a retrial, a related case, or a hearing on remand. Rule 80 answers a narrow but practical question: how does a party prove what a witness said back then? The rule says a certified transcript does the job. If the testimony was stenographically reported and is otherwise admissible at the later proceeding, the transcript, certified by the person who reported it, stands in as proof of what was said.
The rule does not decide whether old testimony can come in at a new trial; that question is answered by the ordinary rules of evidence, including doctrines about former testimony and unavailable witnesses. Rule 80 picks up only after that threshold is cleared. It supplies the mechanism of proof, letting the certified transcript substitute for calling the original reporter as a witness to read back or authenticate the testimony line by line.
This is a rule of convenience and reliability. Court reporters certify their transcripts as accurate records of what was said, and that certification carries enough weight that the transcript itself can be offered rather than requiring live testimony about the earlier proceeding. The rule applies in the district courts as well as in the circuit courts, so the same shortcut is available regardless of which trial court originally took the testimony.
Frequently Asked Questions
What does Rule 80 allow a party to do?
It allows a party to prove testimony given by a witness at an earlier trial or hearing by introducing a certified transcript of that testimony, instead of having to reproduce the testimony through other means.
Does Rule 80 decide whether old testimony can be used at a new trial?
No. Rule 80 only addresses how such testimony is proved once it is otherwise admissible; whether the testimony qualifies for admission at the later trial is governed by the ordinary rules of evidence.
Who has to certify the transcript for Rule 80 to apply?
The transcript must be certified by the person who stenographically reported the original testimony, which is what gives the document its evidentiary standing under the rule.
Does Rule 80 apply in district court?
Yes. Rule 80 applies in the district courts in the same manner as in the circuit courts.
Why does Rule 80 matter in practice?
It saves the time and expense of re-presenting testimony through live witnesses when a reliable, certified record of what was previously said already exists.
Source & verification. The rule text, amendment history, and Committee Comments are reproduced verbatim from the
official Alabama Rules of Civil Procedure (Ala. R. Civ. P. 80). Prescribed by the Supreme Court of Alabama (Ala. Const. amend. 328, § 6.11). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as: stenographic transcript as evidenceprior testimony transcriptcertified transcript ruleformer testimony evidenceAla. R. Civ. P. 80