§ Rule 101 Scope

Codes > Indiana Code > Title 34 > Indiana Rules : Article I > Rule 101

Rule 101. Scope

    These rules govern proceedings in the courts of this State to the extent and with the exceptions stated in this rule.

    (a) General Applicability. These rules apply in all proceedings in the courts of the State of Indiana except as otherwise required by the Constitution of the United States or Indiana, by the provisions of this rule, or by other rules promulgated by the Indiana Supreme Court. If these rules do not cover a specific evidence issue, common or statutory law shall apply. The word “judge” in these rules includes referees, commissioners and magistrates.

    (b) Rules of Privilege. The rules and laws with respect to privileges apply at all stages of all actions, cases, and proceedings.

    (c) 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 when the issue is to be determined by the court under Rule 104(a).

        (2) Miscellaneous proceedings. Proceedings relating to extradition, sentencing, probation, or parole; issuance of criminal summonses, or of warrants for arrest or search, preliminary juvenile matters, direct contempt, bail hearings, small claims, and grand jury proceedings.