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Rule 1101. Applicabilityof Rules

(a)      ProceedingsGenerally. These rules apply to all actions and proceedings in the courtsof this state except as otherwise provided in Subdivisions (c) and (d). Theyapply generally to civil actions and proceedings, criminal cases and contemptproceedings except those in which the court may act summarily.

(b)      Ruleof Privilege. The rule with respect to privileges applies at all stages ofall actions, cases and proceedings.

(c)      RulesInapplicable. The rules (other than with respect to privileges) do notapply in the following situations:

(1)   PreliminaryQuestions of Fact. The determination ofquestions of fact preliminary to admissibility of evidence when the issue is tobe determined by the court under rule 104.

(2)   GrandJury. Proceedings before grand juries.

(3)   MiscellaneousProceedings. Proceedings forextradition or rendition; sentencing, or granting or revoking probation;issuance of warrants for arrest, criminal summonses, and search warrants; andproceedings with respect to release on bail or otherwise.

(d)      ReliableHearsay in Criminal Preliminary Examinations. In a criminal preliminaryexamination, reliable hearsay shall be admissible as provided under Rule 1102.

2011 Advisory CommitteeNote. ? The language of this rule has been amended as part of therestyling of the Evidence Rules to make them more easily understood and to makestyle and terminology consistent throughout the rules. These changes areintended to be stylistic only. There is no intent to change any result in anyruling on evidence admissibility.


This rule is the federal rule, verbatim, and issubstantially the same as Rule 70(2), Utah Rules of Evidence (1971).