§ Rule 1101 — Applicability of rules

North Carolina § Rule 1101

• Jurisdiction: North Carolina
• Ch. 8C: Evidence Code
• Art. 11: Miscellaneous Rules

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(a) Proceedings generally. - Except as otherwise provided in subdivision (b) or by statute, these rules apply to all actions and proceedings in the courts of this State.
(b) Rules inapplicable. - The rules other than those with respect to privileges do not apply in the following situations:
(1) Preliminary Questions of Fact. - The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under Rule 104(a).
(2) Grand Jury. - Proceedings before grand juries.
(3) Miscellaneous Proceedings. - Proceedings for extradition or rendition; first appearance before district court judge or probable cause hearing in criminal cases; sentencing, or granting or revoking probation; issuance of warrants for arrest, criminal summonses, and search warrants; proceedings with respect to release on bail or otherwise.
(4) Contempt Proceedings. - Contempt proceedings in which the court is authorized by law to act summarily. (1983, c. 701, s. 1; 1983 (Reg. Sess., 1984), c. 1037, s. 14; 1985, c. 509, s. 2.)