RULE 1101. APPLICABILITY OF RULES
(a) Courts and Magistrates. These rules apply to all courts and magistrates of this State.
(b) Proceedings Generally. These rules apply generally to all civil actions, special proceedings, and criminal actions and to contempt proceedings except those in which the court may act summarily.
(c) Rules of Privilege. The rules with respect to privileges apply at all stages of all actions, cases, and proceedings.
(d) 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.
(2) Grand Jury. Proceedings before grand juries.
(3) Miscellaneous Proceedings. Proceedings for extradition or rendition;preliminary examinations in criminal cases; sentencing, or granting or revoking probation or parole;issuance of warrants for arrest, criminal summonses, and search warrants; and proceedings with respect to release on bail or otherwise, detention hearings, transfer and dispositional hearings in juvenile court, and proceedings conducted in accordance with Section 14-17-09, and Chapter 27-05.1, NDCC.
This rule is patterned after Rule 1101 of the Federal Rules of Evidence. It was modified in committee by deleting reference to proceedings which are unique to the federal courts, and by adding pretrial proceedings under the Uniform Parentage Act,14-17-09, NDCC; proceedings before family court counselors under Chapter 27-05.1, NDCC; detention hearings; juvenile court transfer hearings, and dispositional hearings in juvenile court to the list of miscellaneous proceedings exempted from coverage by subdivision (d)(3). Dispositional hearings in juvenile court are the counterpart to sentencing of adults and require the same evidentiary treatment. A juvenile court transfer hearing is equivalent to a preliminary examination in a criminal case which has relaxed standards for admission of evidence.
Subdivision (d)(3) was amended, effective March 1, 1994, in response to the 1991 amendment to Section 28-32-06, NDCC, and Madison v. North Dakota Dept. of Transp., 503 N.W.2d 243 (N.D.1993). The amendment deletes the provision making the Rules of Evidence inapplicable to administrative proceedings.
SOURCES: Minutes of Joint Procedure Committee: October 30-31, 1980, pages 29-30; June 3, 1976, page 13; Rule 1101, Federal Rules of Evidence; Rule 1101, SBAND proposal.
CONSIDERED: Chapter 27-05.1, 27-20, 28-32, 29-10.1, 29-30, 29-30.1, NDCC.
CONSIDERED: Rules 4, 5.1, 32, 41, 46, NDRCrimP; Rule 9, NDRAppP.
RESEARCH AIDS: 5 Weinstein's Evidence 1101(01); 43 A.L.R.2d 1128, Applicability of rules of evidence in juvenile delinquency proceedings.