Article XI. Miscellaneous Rules (Rules 1101-1103)

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.

Rule 1102. Amendments

These rules may be amended as provided in 28 U.S.C. § 2072.

Rule 1103. Title

These rules may be cited as the Federal Rules of Evidence.


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Rules and Laws for Civil Actions Copyright © 2024 by Stella Burch Elias; Derek T. Muller; Jason Rantanen; Caroline Sheerin; and Maya Steinitz is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License, except where otherwise noted.

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