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  1. United States Courts
  2. Court Rules
  3. Federal Rules of Evidence
  4. Rule 1101. Applicability of the Rules
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Federal Rules of Evidence

Rule 1101. Applicability of the Rules

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    (a) To Courts and Judges. These rules apply to proceedings before:

    • United States district courts;
    • United States bankruptcy and magistrate judges;
    • United States courts of appeals;
    • the United States Court of Federal Claims; and
    • the district courts of Guam, the Virgin Islands, and the Northern Mariana Islands.

    (b) To Cases and Proceedings. These rules apply in:

    civil cases and proceedings, including bankruptcy, admiralty, and maritime cases; criminal cases and proceedings; and contempt proceedings, except those in which the court may act summarily. (c) Rules on Privilege. The rules on privilege apply to all stages of a case or proceeding.

    (d) Exceptions. These rules — except for those on privilege — do not apply to the following:

    1. the court’s determination, under Rule 104(a), on a preliminary question of fact governing admissibility;

    2. grand-jury proceedings; and

    3. miscellaneous proceedings such as:

    • extradition or rendition;
    • issuing an arrest warrant, criminal summons, or search warrant;
    • a preliminary examination in a criminal case;
    • sentencing;
    • granting or revoking probation or supervised release; and
    • considering whether to release on bail or otherwise.

    (e) Other Statutes and Rules. A federal statute or a rule prescribed by the Supreme Court may provide for admitting or excluding evidence independently from these rules.

    Previous ruleRule 1008. Functions of the Court and Jury Next ruleRule 1102. Amendments
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