(a) To Courts and Magistrates. These rules apply to all courts and magistrates of this State.
(b) To Cases and Proceedings. These rules apply in:
(1) civil cases and proceedings,
(2) special proceedings,
(3) criminal cases and proceedings, and
(4) 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:(A) extradition or rendition;(B) issuing an arrest warrant, criminal summons, or search warrant;(C) preliminary examination in a criminal case;(D) sentencing;(E) granting or revoking probation or parole;(F) considering whether to release on bail or otherwise;(G) detention and shelter care hearings;(H) transfer and dispositional hearings in juvenile court.
(e) Other Rules. A rule prescribed by the Supreme Court may provide for admitting or excluding evidence independently from these rules.
This rule is patterned after Rule 1101 of the Federal Rules of Evidence. It was modified by deleting reference to proceedings which are unique to the federal courts, and by adding detention hearings, juvenile court transfer hearings, and dispositional hearings in juvenile court to the list of miscellaneous proceedings exempted from coverage by paragraph (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.
Paragraph (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.
Paragraph (d)(3) was amended, effective May 1, 2015, to add shelter care hearings to the list of proceedings excepted from the Rules of Evidence.
Subdivision (e) was added, effective March 1, 2014, 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 March 1, 2014, 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.
SOURCES: Joint Procedure Committee Minutes of January 29-30, 2015, pages 16-17; 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.
Cross Reference: N.D.R.Crim.P.4 (Arrest Warrant or Summons Upon Complaint), N.D.R.Crim.P. 5.1 (Initial Appearance Before the Magistrate), N.D.R.Crim.P. 32 (Sentencing and Judgment), N.D.R.Crim.P. 41 (Search and Seizure), N.D.R.Crim.P. 46 (Release from Custody); N.D.R.App.P. 9 (Release in Criminal Case).