ARTICLE 11: Miscellaneous Rules Flashcards
Rule 1101: Rules Applicable
(a) Except as otherwise provided in subdivisions (b) and (c), these rules apply to all actions and proceedings in the courts of this state.
(b) Rules inapplicable. The rules other than those with respect to privileges do not apply in the following situations:
(1) The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under Rule 104(a).
(2) Proceedings before grand juries.
(3) Proceedings for extradition or rendition; probable cause hearings; sentencing, or granting or revoking probation; issuance of warrants for arrest, criminal summonses, and search warrants; proceedings with respect to release on bail or otherwise; and criminal expungement proceedings.
(4) Contempt proceedings in which the court may act summarily.
(c) Restitution hearings. For restitution hearings held under Minnesota Statutes, section 611A.045, subdivision 3, paragraph (b), these rules apply except that the foundation for admission of documentary evidence offered under Rule 803(6) may be provided by affidavit, or statements signed under penalty of perjury pursuant to Minnesota Statutes, section 358.116, in lieu of testimony.
