Ala. R. Expedited Civ. Action, Applicability of the Alabama Rules of Civil Procedure and the Alabama Rules of Evidence
Document RuleH. Applicability of the Alabama Rules of Civil Procedure and the Alabama Rules of Evidence
Alabama Rules for Expedited Civil Actions
Rule H.
Applicability of the Alabama Rules of Civil Procedure and
the Alabama Rules of Evidence.
The Alabama Rules of Civil Procedure and the Alabama Rules of Evidence shall
apply to all matters not specifically addressed in these Rules.
[Effective 1-1-2017.]
Comments
If a point of procedural law is addressed by these Rules, then these Rules apply. If
these Rules are silent on the point in question, then the Alabama Rules of Civil Procedure
shall control.
It is recognized that the admission into evidence of affidavits, reports, or letters of
experts, as provided in Rule E, would normally be improper as hearsay. However, the
provisions in Rule E are essential to the proper functioning of the expedited system.
Moreover, Rule 1101(a), Ala. R. Evid., allows variation from those rules where "other rules
of the Supreme Court of Alabama" so provide. These Rules are such "other rules." The
same applies to the authenticity of exhibits as provided in Rule G of these Rules.
Note from the reporter of decisions: The order adopting the Alabama Rules for
Expedited Civil Actions effective January 1, 2017, including Justice Murdock's and Justice
Shaw's special writings dissenting to that order, is published in that volume of Alabama
Reporter that contains Alabama cases from 200 So. 3d.