§ RULE 5-101 SCOPE

RULE 5-101. SCOPE

    (a) Generally. Except as otherwise provided by statute or rule, the rules in this Title apply to all actions and proceedings in the courts of this State.

    (b) Rules Inapplicable. The rules in this Title other than those relating to the competency of witnesses do not apply to the following proceedings:

        (1) Proceedings before grand juries;

        (2) Proceedings for extradition or rendition;

        (3) Direct contempt proceedings in which the court may act summarily;

        (4) Small claim actions under Rule 3-701 and appeals under Rule 7-112 (d)(2);

        (5) Issuance of a summons or warrant under Rule 4-212;

        (6) Pretrial release under Rule 4-216 or release after conviction under Rule 4-349;

        (7) Preliminary hearings under Rule 4-221;

        (8) Post-sentencing procedures under Rule 4-340;

        (9) Sentencing in non-capital cases under Rule 4-342;

        (10) Issuance of a search warrant under Rule 4-601;

        (11) Detention and shelter care hearings under Rule 11-112; and

        (12) Any other proceeding in which, prior to the adoption of the rules in this Title, the court was traditionally not bound by the common-law rules of evidence.   

    Committee note: The Rules in this Chapter are not intended to limit the Court of Appeals in defining the application of the rules of evidence in sentencing proceedings in capital cases or to override specific statutory provisions regarding the admissibility of evidence in those proceedings. See, for example, Tichnell v. State, 290 Md. 43 (1981); Code, Correctional Services Article, § 6-112 (c).

    (c) Discretionary Application. In the following proceedings, the court, in the interest of justice, may decline to require strict application of the rules in this Title other than those relating to the competency of witnesses:

        (1) The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under Rule 5-104 (a);

        (2) Proceedings for revocation of probation under Rule 4-347;

        (3) Hearings on petitions for post-conviction relief under Rule 4-406;

        (4) Plenary proceedings in the Orphans' Court under Rule 6-462;

        (5) Waiver hearings under Rule 11-113;

        (6) Disposition hearings under Rule 11-115, including permanency planning hearings under Code, Courts Article, § 3-823;

        (7) Modification hearings under Rule 11-116;

        (8) Catastrophic health emergency proceedings under Title 15, Chapter 1100;

        (9) Hearings on petitions for coram nobis under Rule 15-1206; and

        (10) Any other proceeding in which, prior to the adoption of the rules in this Title, the court was authorized to decline to apply the common-law rules of evidence.

    (d) Privileges. In all actions and proceedings, lawful privileges shall be respected.

    Source: This Rule is derived in part from Uniform Rule of Evidence 1101 and is in part new.