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Rules of Evidence. The study began in September of 1988 under the guidance of the Alabama Law Institute. It was decided early to use the Federal Rules of Evidence as a pattern and format. If the law of Alabama and the Federal Rules were substantially similar, the language of the Federal Rule was generally adopted. Over 30 states have promulgated a version of the Federal Rules of Evidence. Alabama will likely adopt a version of her own. It has been estimated that there are more than One Hundred.
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Witnesss FAQ
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Rule 10. Form of pleadings. (a) Caption; names of parties. Every pleading shall contain a caption setting forth the name of the court, the title of the action, the file number, and a designation as in Rule 7(a).
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Rule 33(c) permits a party to make the underlying documentation available in lieu of preparation of a response based upon review and evaluation of the documents when burden of preparing the answer is substantially the same on both sides.
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Rule 11 - Confidentiality (a) All information disclosed in the course of a mediation, including oral, documentary, or electronic information, shall be deemed confidential and shall not be divulged by anyone in attendance at the mediation except as permitted under this Rule or by statute.
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Rule 5(a) thus requires all papers to be served on all parties to the action with the following exceptions: (1) orders and judgments not required by their terms to be served; (2) ex parte motions; (3) any pleadings, motions, notices, or other papers when the opposing party is in default for failure to appear, and no ...
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Rule 42(b) provides that separate trials are to be ordered only where needed “in furtherance of convenience or to avoid prejudice.” Separate trials are not to be granted merely because the matters involved would have been tried separately before the rules were adopted, or because some of the parties might prefer ...
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Rule 30(b)(5). As is true under Alabama practice, a subpoena duces tecum is not available as to a party. Section 12-21-2, Code of Ala., is limited to persons not parties. Note, however, that this paragraph differs from the Federal Rule which incorporates Rule 34 without making clear what time limits are intended.
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Rule 7(c) makes a major change in the form of Alabama procedure by its abolition of demurrers and pleas. But the functions previously performed by demurrers and pleas in abatement will hereafter be served by the consolidated motion contemplated by Rule 12.
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Alabama Rules of Appellate Procedure Rule 5. Appeal by permission. (a) Petition for permission to appeal. A party may request permission to appeal from an interlocutory order in civil actions under limited circumstances.
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