AL · rules
Ala. R. Evid. 302
Applicability of federal law in civil actions and proceedings
In civil actions and proceedings, the effect of a presumption respecting a fact which is an
element of a claim or defense as to which federal law supplies the rule of decision is determined
in accordance with federal law.
History
Advisory Committee’s Notes This rule differs from Fed.R.Evid. 302 only insofar as the term “federal law” has been substituted for the term “State law.” That change makes this rule identical to that found in the Uniform Rules of Evidence. Indeed, the commentary to Unif.R.Evid. 302 explains this substitution and its resulting effect as follows: “Parallel jurisdiction in state and federal courts exists in many instances. The modification of Rule 302 is made in recognition of this situation. The rule prescribes that when a federally created right is litigated in a state court, any prescribed federal presumption shall be applied.” The term “federal law” may include both statutes and case law. Rule 302, however, is not intended to affect preexisting law governing what federal case law is binding upon Alabama courts.
Provenance
- Source
- judicial.alabama.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
7e3931b16cdce918520db12f2b05b38058b28930747eb9cd58b2b96b5587cbe1
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