# Ala. R. Evid. 302: Rule 302. Applicability of federal law in civil actions and proceedings

> Alabama · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARE_R302

## Section

- **Citation:** Ala. R. Evid. 302
- **Heading:** Rule 302. Applicability of federal law in civil actions and proceedings
- **Jurisdiction:** Alabama
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Alabama Rules of Court / Alabama Rules of Evidence / Ala. R. Evid. 302

## Text

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.

## Nearby sections

- [Ala. R. Evid. 101 Rule 101. Scope](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARE_R101.md)
- [Ala. R. Evid. 102 Rule 102. Purpose and construction](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARE_R102.md)
- [Ala. R. Evid. 103 Rule 103. Rulings on evidence](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARE_R103.md)
- [Ala. R. Evid. 104 Rule 104. Preliminary questions](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARE_R104.md)
- [Ala. R. Evid. 105 Rule 105. Limited admissibility](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARE_R105.md)
- [Ala. R. Evid. 106 Rule 106. Remainder of writings or recorded statements](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARE_R106.md)
- [Ala. R. Evid. 201 Rule 201. Judicial notice of adjudicative facts](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARE_R201.md)
- [Ala. R. Evid. 301 Rule 301. Presumptions in general in civil actions and proceedings](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARE_R301.md)
- [Ala. R. Evid. 302 Rule 302. Applicability of federal law in civil actions and proceedings](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARE_R302.md)
- [Ala. R. Evid. 401 Rule 401. Definition of "relevant evidence"](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARE_R401.md)
- [Ala. R. Evid. 402 Rule 402. Relevant evidence generally admissible; irrelevant evidence inadmissible](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARE_R402.md)
- [Ala. R. Evid. 403 Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARE_R403.md)
- [Ala. R. Evid. 404 Rule 404. Character evidence not admissible to prove conduct; exceptions; other crimes, wrongs, or acts](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARE_R404.md)
- [Ala. R. Evid. 405 Rule 405. Methods of proving character](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARE_R405.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARE_R302. Check the current official text before relying on it. Not legal advice.