RULE 1101. APPLICABILITY OF RULES
1 (a) To Courts and Magistrates. These rules apply to all courts and
2 magistrates of this State.
3 (b) To Cases and Proceedings. These rules apply in:
4 (1) civil cases and proceedings,
5 (2) special proceedings,
6 (3) criminal cases and proceedings, and
7 (4) contempt proceedings, except those in which the court may act
9 (c) Rules on Privilege. The rules on privilege apply to all stages of a case or
11 (d) Exceptions. These rules, except for those on privilege, do not apply to
12 the following:
13 (1) the court's determination, under Rule 104(a), on a preliminary question
14 of fact governing admissibility; grand-jury proceedings; and
15 (3) miscellaneous proceedings, such as:
16 (A) extradition or rendition;
17 (B) issuing an arrest warrant, criminal summons, or search warrant;
18 (C) preliminary examination in a criminal case;
19 (D) sentencing;
20 (E) granting or revoking probation or parole;
21 (F) considering whether to release on bail or otherwise;
22 (G) detention and shelter care hearings;
23 (H) transfer and dispositional hearings in juvenile court.
24 (e) Other Rules. A rule prescribed by the Supreme Court may provide for
25 admitting or excluding evidence independently from these rules.
26 EXPLANATORY NOTE
27 Rule 1101 was amended, effective March 1, 1994; March 1, 2014;
29 This rule is patterned after Rule 1101 of the Federal Rules of Evidence. It
30 was modified by deleting reference to proceedings which are unique to the federal
31 courts, and by adding detention hearings, juvenile court transfer hearings, and
32 dispositional hearings in juvenile court to the list of miscellaneous proceedings
33 exempted from coverage by paragraph (d)(3). Dispositional hearings in juvenile
34 court are the counterpart to sentencing of adults and require the same evidentiary
35 treatment. A juvenile court transfer hearing is equivalent to a preliminary
36 examination in a criminal case which has relaxed standards for admission of
38 Paragraph (d)(3) was amended, effective March 1, 1994, in response to the
39 1991 amendment to Section 28-32-06, NDCC, and Madison v. North Dakota Dept.
40 of Transp., 503 N.W.2d 243 (N.D.1993). The amendment deletes the provision
41 making the Rules of Evidence inapplicable to administrative proceedings.
42 Paragraph (d)(3) was amended, effective___________, to add shelter care
43 hearings to the list of proceedings excepted from the Rules of Evidence.
44 Subdivision (e) was added, effective March 1, 2014, to account for
45 situations in which a court rule outside the Rules of Evidence may exclude or
46 admit evidence in a particular situation.
47 Rule 1101 was amended, effective March 1, 2014, in response to the
48 December 1, 2011, revision of the Federal Rules of Evidence. The language and
49 organization of the rule were changed to make the rule more easily understood and
50 to make style and terminology consistent throughout the rules.
51 SOURCES: Joint Procedure Committee Minutes of _____________; April
52 25-26, 2013, page 35; October 30-31, 1980, pages 29-30; June 3, 1976, page 13;
53 Rule 1101, Federal Rules of Evidence; Rule 1101, SBAND proposal.
54 STATUTES AFFECTED:
55 CONSIDERED: N.D.C.C. Ch. 27-05.1, 27-20, 28-32, 29-10.1, 29-30, 29-
57 Cross Reference: N.D.R.Crim.P.4 (Arrest Warrant or Summons Upon
58 Complaint), N.D.R.Crim.P. 5.1 (Initial Appearance Before the Magistrate),
59 N.D.R.Crim.P. 32 (Sentencing and Judgment), N.D.R.Crim.P. 41 (Search and
60 Seizure), N.D.R.Crim.P. 46 (Release from Custody); N.D.R.App.P. 9 (Release in
61 Criminal Case).