You are here: Home » Law Links Directory » Alabama Rules of Evidence » ARE Rule 302: Applicability of federal law in civil actions and proceedings

ARE Rule 302: Applicability of federal law in civil actions and proceedings

Alabama Rules of Evidence

Article III. Presumptions in Civil Actions and Proceedings

Rule 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.

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.