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ARCP Rule 86: Effective date

Alabama Rules of Civil Procedure


Rule 86. Effective date

These rules shall take effect six months from the date of their adoption by the Supreme Court of Alabama. They govern all proceedings in actions brought after they take effect and also all further proceedings in actions then pending, except to the extent that in the opinion of the court their application in a particular action pending when the rules take effect would not be feasible or would work injustice, in which event the former procedure applies.

(dc) District court rule. These rules take effect on January 16, 1977.

Committee Comments on 1973 Adoption

Act No. 1311, 1971 Regular Session, provides that these rules shall not become effective until six months after they have been adopted by the court.

The rule, like Federal Rule 86 and similar state rules, makes the rules immediately applicable to pending actions, except where the court finds this course unfeasible. Compare Equity Rule 120.

District Court Committee Comments

Section 12-12-1, Code of Ala., provides that the district court of Alabama, a trial court of limited jurisdiction, is created and established effective January 16, 1977.