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record is certified to be authentic and correct, the record may be received as prima facie evidence of the matters stated therein. Such certified record shall be admissible as prima facie proof of such matters, unless objected to.
“(b) If an objection to a certified record is timely made, it shall be conclusively presumed to be true for all purposes, and the trial court shall hear such evidence as may be offered in opposition thereto.”
(Emphasis added.) The mother acknowledges that she made no attempt to establish to the trial court that the signed copy of the DNA test results was a “certified record,” nor does she argue that the mere act of leaving a copy of the DNA test results at her attorney’s office constituted a filing within the statute of limitations. Therefore, in order to prove that the document was filed within the statute of limitations, the mother was required to show that the uncertified photocopy was filed in the trial court.
“The legislature, by the enactment of Alabama’s Limitations Act, sought to establish procedures to promote certainty and finality of actions. Hayes, supra, at 1342. The legislature, in order to effectuate this goal, has designated `filing’ of a document as a procedural act. Lunsford v. Jones, 671 So.2d 495, 497 (Ala.1995). Its evident purpose was to avoid the uncertainty and delay occasioned by the execution of documents and the necessity of verifying or corroborating their execution. Butts v. Nichols, 628 So.2d 879, 880 (Ala.Civ.App.1993). It has also been stated that the law does not favor the recognition of an uncertified document as evidence. D.C. Lunsford & Sons, Inc. v. Biltmore Tire Co., 566 So.2d 196, 198 (Ala.Civ.App.1990).
“Unlike the written agreement in Lunsford, the record of the DNA testing here is not a copy of an agreement. Nor was it ever presented to the trial court for entry as a judgment. The court therefore had no opportunity to consider or approve it in order to make it a judgment. Under these circumstances, we do not consider the document filed in the trial court. Cf. Lunsford; and D.C. Lunsford & Sons, Inc. v. Biltmore Tire Co., supra.”
Ex parte State of Alabama
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