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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:

(c)(1)   Preliminary Questions of Fact. The determination of questions of fact preliminary to admissibilityof evidence when the issue is to be determined by the court under rule 104.

 

(c)(2)   Grand Jury. Proceedingsbefore grand juries.

 

(c)(3)   Miscellaneous Proceedings. Proceedingsfor extradition 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.

 

 

EffectiveDecember 1, 2011

 

 

2011 Advisory Committee Note.  The language of this rule hasbeen amended as part of the restyling of the Evidence Rules to make them moreeasily understood and to make style and terminology consistent throughout therules. These changes are intended to be stylistic only. There is no intent tochange any result in any ruling on evidence admissibility.

 

Original Advisory Committee Note.? This rule is the federal rule, verbatim, and is substantially thesame as Rule 70(2), Utah Rules of Evidence (1971).