FEDERAL RULES OF EVIDENCE

FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
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Article XI Miscellaneous Rules (Fed. Rules Evid. 1101-1103)

        Rule 1101(a) Applicability Of Rules: Courts And Judges
        Rule 1101(b) Applicability Of Rules: Proceedings Generally
        Rule 1101(c) Applicability Of Rules: Rule Of Privilege
        Rule 1101(d) Applicability Of Rules: Rules Inapplicable
        Rule 1101(e) Applicability Of Rules: Rules Applicable In Part
        Rule 1102 Amendments
        Rule 1103 Title

FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007

Rule 1101(a) Applicability Of Rules: Courts And Judges

These rules apply to the United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the District Court for the Northern Mariana Islands, the United States courts of appeals, the United States Claims Court, and to United States bankruptcy judges and United States magistrate judges, in the actions, cases, and proceedings and to the extent hereinafter set forth. The terms "judge" and "court" in these rules include United States bankruptcy judges and United States magistrate judges.

History:

(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1947; Dec. 12, 1975, P.L. 94-149, § 1(14), 89 Stat. 806; Nov. 6, 1978, P.L. 95-598, Title II, §§ 251, 252, 92 Stat. 2673; Apr. 2, 1982, P.L. 97-164, Title I, Part A, § 142, 96 Stat. 45; Oct. 1, 1987; Nov. 1, 1988; Nov. 18, 1988, P.L. 100-690, Title VII, Subtitle B, § 7075(c), 102 Stat. 4405; Dec. 1, 1993.)

For additional discussion of this rule see Issues Where Federal Rules Of Evidence Conflict With Case Law Or Are Silent: Examples Of Case Law Development Where FRE And Committee Notes Are Silent, FRE 1101.

FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007

Rule 1101(b) Applicability Of Rules: Proceedings Generally

These rules apply generally to civil actions and proceedings, including admiralty and maritime cases, to criminal cases and proceedings, to contempt proceedings except those in which the court may act summarily, and to proceedings and cases under title 11, United States Code.

FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007

Rule 1101(c) Applicability Of Rules: Rule Of Privilege

The rule with respect to privileges applies at all stages of all actions, cases, and proceedings.

FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007

Rule 1101(d) Applicability Of Rules: Rules Inapplicable

The rules (other than 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; issuance of warrants for arrest, criminal summonses, and search warrants; and proceedings with respect to release on bail or otherwise.

Related NCJIC Materials:

See NCJIC Chapter 11: Grand Jury.

See also NCJIC 305.7.1 [Grand Jury].

FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007

Rule 1101(e) Applicability Of Rules: Rules Applicable In Part

In the following proceedings these rules apply to the extent that matters of evidence are not provided for in the statutes which govern procedure therein or in other rules prescribed by the Supreme Court pursuant to statutory authority: the trial of misdemeanors and other petty offenses before United States magistrate judges; review of agency actions when the facts are subject to trial de novo under section 706(2)(F) of title 5, United States Code; review of orders of the Secretary of Agriculture under section 2 of the Act entitled "An Act to authorize association of producers of agricultural products" approved February 18, 1922 (7 USC 292), and under sections 6 and 7(c) of the Perishable Agricultural Commodities Act, 1930 (7 USC 499f, 499g(c)); naturalization and revocation of naturalization under sections 310-318 of the Immigration and Nationality Act (8 USC 1421-1429); prize proceedings in admiralty under sections 7651-7681 of title 10, United States Code; review of orders of the Secretary of the Interior under section 2 of the Act entitled "An Act authorizing associations of producers of aquatic products" approved June 25, 1934 (15 USC 522); review of orders of petroleum control boards under section 5 of the Act entitled "An Act to regulate interstate and foreign commerce in petroleum and its products by prohibiting the shipment in such commerce of petroleum and its products produced in violation of State law, and for other purposes", approved February 22, 1935 (15 USC 715d); actions for fines, penalties, or forfeitures under part V of title IV of the Tariff Act of 1930 (19 USC 1581-1624), or under the Anti-Smuggling Act (19 USC 1701-1711); criminal libel for condemnation, exclusion of imports, or other proceedings under the Federal Food, Drug, and Cosmetic Act (21 USC 301-392); disputes between seamen under sections 4079, 4080, and 4081 of the Revised Statutes (22 USC 256-258); habeas corpus under sections 2241-2254 of title 28, United States Code; motions to vacate, set aside or correct sentence under section 2255 of title 28, United States Code; actions for penalties for refusal to transport destitute seamen under section 4578 of the Revised Statutes (46 USC 679); actions against the United States under the Act entitled "An Act authorizing suits against the United States in admiralty for damage caused by and salvage service rendered to public vessels belonging to the United States, and for other purposes", approved March 3, 1925 (46 USC 781-790), as implemented by section 7730 of title 10, United States Code.

History:

(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1947; Dec. 12, 1975, P.L. 94-149, § 1(14), 89 Stat. 806; Nov. 6, 1978, P.L. 95-598, Title II, §§ 251, 252, 92 Stat. 2673; Apr. 2, 1982, P.L. 97-164, Title I, Part A, § 142, 96 Stat. 45; Oct. 1, 1987; Nov. 1, 1988; Nov. 18, 1988, P.L. 100-690, Title VII, Subtitle B, § 7075(c), 102 Stat. 4405; Dec. 1, 1993.)

FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007

Rule 1102 Amendments

Amendments to the Federal Rules of Evidence may be made as provided in section 2072 of title 28 of the United States Code.

History:

(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1948; Dec. 1, 1991.)

FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007

Rule 1103 Title

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

History:

(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1948.)