Rule 1101 — Applicability of the Rules

Fed. R. Evid. 1101

• Source: Federal Rules of Evidence
• Rule: 1101
• ARTICLE XI: MISCELLANEOUS RULES
• Citation: Fed. R. Evid. 1101

Text

(a) TO COURTS AND JUDGES. These rules apply to proceedings be-
fore:

• 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) TOCASESANDPROCEEDINGS. These rules apply in:
• civil cases and proceedings, including bankruptcy, admi-
ralty, 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 pre-
liminary 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 pre-
scribed by the Supreme Court may provide for admitting or ex-
cluding evidence independently from these rules.

Advisory Committee Notes

(As amended Pub. L. 94–149, §1(14), Dec. 12, 1975, 89 Stat. 806; Pub. L. 95–598, title II, §§251, 252, Nov. 6, 1978, 92 Stat. 2673, eff. Oct. 1, 1979; Pub. L. 97–164, title I, §142, Apr. 2, 1982, 96 Stat. 45, eff. Oct. 1, 1982; Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 25, 1988, eff. Nov. 1, 1988; Pub. L. 100–690, title VII, §7075(c), Nov. 18, 1988, 102 Stat. 4405; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 26, 2011, eff. Dec. 1, 2011.)