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Minnesota Legislature

Office of the Revisor of Statutes

EVIDENCE

Rule 1101.Rules Applicable

(a) Except as otherwise provided in subdivision (b), these rules apply to all actions and proceedings in the courts of this state.

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

(1) 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) Proceedings before grand juries.

(3) Proceedings for extradition or rendition; probable cause hearings; sentencing, or granting or revoking probation; issuance of warrants for arrest, criminal summonses, and search warrants; and proceedings with respect to release on bail or otherwise.

(4) Contempt proceedings in which the court may act summarily.

(Amended effective January 1, 2019.)

Committee Comment - 1977

These rules of evidence are not applicable to certain procedures. However, these proceedings may be governed by evidentiary rules set forth in statutes, federal and state constitutions, and other court rules. See e. g., Minn. R. Crim. P. 18.06.

Committee Comment - 2018

The amendment eliminating the paragraph and clause headers in paragraph (b) is stylistic and is intended to eliminate redundant language, not to alter existing law.