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Recent Amendment to Alabama Rule of Civil Procedure 43

Effective March 25, 2021, the Alabama Supreme Court approved an amendment to Alabama Rule of Civil Procedure 43(dc).

The amendment deleted what was formerly Rule 43(dc)(2), which stated:

“Rule 43(a), second paragraph, is to be construed so as to permit, by agreement of the parties, evidence in the form of tape recordings or sworn statements.”

The Committee Comment to the Rules notes that "advances in audio-visual technology have rendered the limiting reference to 'tape recordings' archaic."

This amendment follows the November 2020 amendment to Rule 43(a) which largely tracks Federal Rule 43(a) and provides that the parties, by agreement, can take testimony and present evidence in any agreed manner, unless prohibited by the court. This provision applies in the district courts.

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