§ Rule1101 Applicability of Rules

Codes > Maine Revised Statutes > Rules of > Article XI > Rule1101 Applicability

Rule1101. Applicability of Rules

    (a) Rules Applicable. Except as otherwise provided in (b), these rules apply to all actions and proceedings in the Supreme Judicial Court, the Superior Court, the District Court, and the Probate Court.

    (b) Rules Inapplicable. The rules other than those with respect to privileges do not apply in the following situations:

        (1) Preliminary Questions of Fact. The determination of questions of fact preliminary to admissibility of evidence except as otherwise provided in Rule 104.

        (2) Grand Jury. Proceedings before grand juries.

        (3) Juvenile Proceedings. To proceedings under the Maine Juvenile Code other than (a) probable cause  determinations in bindover hearings and (b) adjudicatory hearings.

        (4) Miscellaneous Proceedings. Statutory small claims proceedings in the District Court prior to the rendition of judgment; proceedings for sentencing; issuance of warrants; proceedings with respect to release on bail or otherwise; proceedings for granting of probation or parole; proceedings on probation or parole violations; and proceedings for determination of probable cause.

    (5) Contempt Proceedings. Those contempt proceedings in which the court may act summarily.