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.

Learn the System