FRE: Article XI Flashcards

1
Q

RULE 1101: Applicability of the Rules

A

(A) To court and Judges. These rules apply to proceedings before:

  • United States District Courts
  • United States bankruptcy and magistrate judges;
  • United States Court of Appeals;
  • the United States Court of Federal Claims; and
  • the district courts of Guam, the Virgin Islands, and the Northern Mariana Islands.

(B) To case and Proceedings. These rules apply in:

  • civil cases and proceedings, including bankruptcy, admiralty, and maritime cases;
  • criminal cases and proceedings; and
  • contempt proceedings, except those which the court may act summarily
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2
Q

RULE 1101:

Applicability of the Rules continued…

A

(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:

  • the court’s determination, under Rule 104(a), on preliminary question of fact governing admissibility;
  • grand-jury proceedings; and
  • other miscellaneous proceedings

(E) Other statutes and Rules. A federal statute or rule prescribed by the Supreme Court may provided for admitting or excluding evidence independently from these rules

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3
Q

RULE 1102: Amendments

A

These rules may be amended as provided in U.S.C. Section 2072.

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4
Q

RULE 1103: Title

A

The rules may be cited as the Federal Rules of Evidence.

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