Rule 1101 – Applicability of the Rules

(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.

How the U.S. Judicial System is Designed to Enable The People to Fix the System when used as Designed