Article XI. Miscellaneous Rules

Question 1

In what cases do the Federal Rules of Evidence apply?

Answer 1

(1) Civil cases and proceedings (including bankruptcy, admiralty, and maritime cases);
(2) Criminal cases and proceedings;
(3) Contempt proceedings, except those in which the court may act summarily.
FRE 1101(b) (2012).

Question 2

In what cases do the Federal Rules of Evidence not apply within courts or regarding cases and proceeding normally covered?

Answer 2

(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
FRE 1101(d) (2012).

Question 3

What are examples of miscellaneous proceedings that are exempted from the Federal Rules of Evidence?

Answer 3

• Extradition or rendition
• Issuing an arrest warrant, criminal summons, or search warrant
• A preliminary examination in a criminal case
• Sentencing
• Granting or revoking probation or supervised release
• Considering whether to release on bail or otherwise.
FRE 1101(d)(3) (2012).

Question 4

Which courts and judges apply the Federal Rules of Evidence?

Answer 4

(1) United States district courts;
(2) United States bankruptcy and magistrate judges;
(3) United States court of appeals;
(4) the United States Court of Federal Claims; and
(5) the district courts of Guam, the Virgin Islands, and the Northern Mariana Islands.
FRE 1101(a) (2012).