United States Code: Title 28a,Rule 1101. Applicability of the Rules

FEDERAL > ARTICLE > Rule 1101

Prev | Next

Rule 1101. Applicability of the Rules

How Current is This?

(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.

(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.