miscellaneous

Question 1

when federal rules do not apply

Answer 1

(1) court’s determination of a preliminary question of fact relating to admissibility

(2) grand jury proceedings

(3) miscellaneous proceedings, such as sentencing, extradition, issuing an arrest or search warrant, preliminary examination in a criminal case, bail, probation

[exception: rules relating to privilege]

Question 2

when federal rules do apply

Answer 2

in all civil and criminal federal proceedings

[except in privilege cases where state law applies, for example, during diversity proceedings where state law applies]