RULE 1101. APPLICABILITY OF RULES
(a) To Courts and Magistrates. These rules apply to all courts and magistrates of this state.
(b) To Cases and Proceedings
generally. These rules apply
generally to all in:
actions cases and proceedings,
(2) special proceedings,
actions cases and proceedings, and
to contempt proceedings, except those in which the
court may act summarily.
of on Privilege. The rules with respect to
privileges on privilege apply at to all
stages of all actions, cases, and proceedings a case or proceeding.
Rules inapplicable. The rules, other than those with respect to
These rules, except for those on privilege, do not apply in to the
Preliminary questions of fact. The determination of questions of fact
admissibility of evidence when the issue is to be determined by the court under Rule
the court's determination, under Rule 104(a), on a preliminary question of fact governing
Grand jury. Proceedings before grand juries. grand-jury
(3) miscellaneous proceedings
. such as:
Proceedings for (A) extradition or rendition;
(B) issuing an arrest warrant, criminal summons, or search warrant;
(C) a preliminary
examinations examination in
a criminal cases case;
or granting or revoking probation or parole; issuance
of warrants for arrest, criminal
summonses, and search warrants; and
proceedings with respect to release on considering
whether to release on bail or
(G) detention hearings
(H) transfer and dispositional hearings in juvenile court
(I) pretrial proceedings conducted in accordance N.D.C.C. §
14-17-09, and ch. 27-05.1.
(e) Other Rules. A rule prescribed by the Supreme Court may provide for admitting or excluding evidence independently from these rules.
Rule 1101 was amended, effective March 1, 1994; _____________
This rule is patterned after Rule 1101 of the Federal Rules of Evidence. It was
committee by deleting reference to proceedings which are unique to the federal courts,
by adding pretrial proceedings under the Uniform Parentage Act, N.D.C.C. §
proceedings before family court counselors under N.D.C.C. ch. 27-05.1; detention
juvenile court transfer hearings, and dispositional hearings in juvenile court to the list of
miscellaneous proceedings exempted from coverage by subdivision
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
Subdivision Paragraph (d)(3) was amended, effective March 1,
1994, in response to the
1991 amendment to N.D.C.C. § 28-32-06, and Madison v. North Dakota Dep't of
Transp., 503 N.W.2d 243 (N.D. 1993). The amendment deletes the provision making the
Rules of Evidence inapplicable to administrative proceedings.
Subdivision (e) was added, effective____________________, to account for situations in which a court rule outside the Rules of Evidence may exclude or admit evidence in a particular situation.
Rule 1101 was amended, effective ______________, in response to the December 1, 2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility.
Sources: Joint Procedure Committee Minutes
: of April 25-26, 2013,
page 35; October 30-31, 1980, pages 29-30; June 3, 1976, page 13; Rule 1101, Federal
Rules of Evidence; Rule
1101, SBAND proposal.
Considered: N.D.C.C. ch. 27-05.1, 27-20, 28-32, 29-10.1, 29-30, 29-30.1.
Considered Cross Reference: Rules
N.D.R.Crim.P. 4 (Arrest Warrant or Summons Upon
Complaint), N.D.R.Crim.P. 5.1 (Initial Appearance Before the
32 (Sentencing and Judgment), N.D.R.Crim.P. 41 (Search and
Seizure), N.D.R.Crim.P. 46
(Release from Custody), NDRCrimP; Rule
N.D.R.App.P. 9 , NDRAppP (Release in Criminal