(a) Courts and judges.—These rules apply to the United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the District Court for the Northern Mariana Islands, the United States courts of appeals, the United States Claims Court, and to United States bankruptcy judges and United States magistrate judges, in the actions, cases, and proceedings and to the extent hereinafter set forth. The terms ‘‘judge’’ and ‘‘court’’ in these rules include United States bankruptcy judges and United States magistrate judges.
(b) Proceedings generally.—These rules apply generally to civil actions and proceedings, including admiralty and maritime cases, to criminal cases and proceedings, to contempt proceedings except those in which the court may act summarily, and to proceedings and cases under title 11, United States Code.
(c) Rule of privilege.—The rule with respect to privileges applies at all stages of all actions, cases, and proceedings.
(d) Rules inapplicable.—The rules (other than 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.
(2) Grand jury.—Proceedings before grand juries.
(3) Miscellaneous proceedings.—Proceedings for extradition or rendition; preliminary examinations in criminal cases; 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.
**(e) Rules applicable in part.—In the following proceedings these rules apply to the extent that matters of evidence are not provided for in the statutes which govern procedure therein or in other rules prescribed by the Supreme Court pursuant to statutory authority: the trial of misdemeanors and other petty offenses before United States magistrate judges; review of agency actions when the facts are subject to trial de novo under section 706(2)(F) of title 5, United States Code; review of orders of the Secretary of Agriculture under section 2 of the Act entitled ‘‘An Act to authorize association of producers of agricultural products’’ approved February 18, 1922 (7 U.S.C. 292), and under sections 6 and 7(c) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499f, 499g(c)); naturalization and revocation of naturalization under sections 310–318 of the Immigration and Nationality Act (8 U.S.C. 1421–1429); prize proceedings in admiralty under sections 7651–7681 of title 10, United States Code; review of orders of the Secretary of the Interior under section 2 of the Act entitled ‘‘An Act authorizing associations of producers of aquatic products’’ approved June 25, 1934 (15 U.S.C. 522); review of orders of petroleum control boards under section 5 of the Act entitled ‘‘An Act to regulate interstate and foreign commerce in petroleum and its products by prohibiting the shipment in such commerce of petroleum and its products produced in violation of State law, and for other purposes’’, approved February 22, 1935 (15 U.S.C. 715d); actions for fines, penalties, or forfeitures under part V of title IV of the Tariff Act of 1930 (19 U.S.C. 1581–1624), or under the Anti-Smuggling Act (19 U.S.C. 1701–1711); criminal libel for condemnation, exclusion of imports, or other proceedings under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301–392); disputes between seamen under sections 4079, 4080, and 4081 of the Revised Statutes (22 U.S.C. 256–258); habeas corpus under sections 2241–2254 of title 28, United States Code; motions to vacate, set aside or correct sentence under section 2255 of title 28, United States Code; actions for penalties for refusal to transport destitute seamen under section 4578 of the Revised Statutes (46 U.S.C. 679); actions against the United States under the Act entitled ‘‘An Act authorizing suits against the United States in admiralty for damage caused by and salvage service rendered to public vessels belonging to the United States, and for other purposes’’, approved March 3, 1925 (46 U.S.C. 781–790), as implemented by section 7730 of title 10, United States Code.
(As amended Dec. 12, 1975; Nov. 6, 1978, eff.** Oct. 1, 1979; Apr. 2, 1982, eff. Oct. 1, 1982; Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 25, 1988, eff. Nov. 1, 1988; Nov. 18, 1988; Apr. 22, 1993, eff. Dec. 1, 1993.)
added in current removed in current
Compared to current version (2025).
(a) To Courts and jJudges.- These rules apply to theproceedings before: • United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the District Court for the Northern Mariana Islands, the; • United States bankruptcy and magistrate judges; • United States courts of appeals,; • the United States Claims Court, and to United States bankruptcy judges and United States magistrate judges, in the actions, cases, and proceedingsourt of Federal Claims; and • the district courts of Guam, the Virgin Islands, and to the extent hereinafter set forth. The terms ‘‘judge’’ and ‘‘court’’ in these rules include United States bankruptcy judges and United States magistrate judges.
(b) Proceedings generally.-Northern Mariana Islands.
(b) To Cases and Proceedings. These rules apply generally toin: • civil actioncases and proceedings, including bankruptcy, admiralty, and maritime cases, to; • criminal cases and proceedings, to; and • contempt proceedings, except those in which the court may act summarily, and to proceedings and cases under title 11, United States Code.
(c) Rules of pn Privilege.- The rule with respect tos on privileges applies aty to all stages of all actions, cases, and case or proceedings.
(d) Rules inapplicable.-Exceptions. These rules (other than with respect to-except for those on privileges) -do not apply into 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.:
(1) the court’s determination, under Rule 104(a), on a preliminary question of fact governing admissibility;
(2) Ggrand -jury.-P proceedings before grand juries.; and
(3) Mmiscellaneous proceedings.-Proceedings for such as: • extradition or rendition; preliminary examinations in criminal cases; sentencing, or granting or revoking probation; issuance of warrants for arres• issuing an arrest warrant, criminal summonses, and, or search warrants; and proceedings with respect to release on bail or otherwise.
(e) Rules applicable in part.-In the following proceedings these rules apply to the extent that matters of evidence are not provided for in the statutes which govern procedure therein or in other rules prescribed by the Supreme Court pursuant to statutory authority: the trial of misdemeanors and other petty offenses before United States magistrate judges; review of agency actions• a preliminary examination in a criminal case; • sentencing; • granting or revoking probation or supervised release; and • considering when the facts are subject to trial de novo under section 706(2)(F) of title 5, United States Code; review of orders of the Secretary of Agriculture under section 2 of the Act entitled ‘‘An Act to authorize association of producers of agricultural products’’ approved February 18, 1922 (7 U.S.C. 292), and under sections 6 and 7(c) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499f, 499g(c)); naturalization and revocation of naturalization under sections 310-318 of the Immigration and Nationality Act (8 U.S.C. 1421-1429); prize proceedings in admiralty under sections 7651-7681 of title 10, United States Code; review of orders of the Secretary of the Interior under section 2 of the Act entitled ‘‘An Act authorizing associations of producers of aquatic products’’ approved June 25, 1934 (15 U.S.C. 522); review of orders of petroleum control boards under section 5 of the Act entitled ‘‘An Act to regulate interstate and foreign commerce in petroleum and its products by prohibiting the shipment in such commerce of petroleum and its products produced in violation of State law, and for other purposes’’, approved February 22, 1935 (15 U.S.C. 715d); actions for fines, penalties, or forfeitures under part V of title IV of the Tariff Act of 1930 (19 U.S.C. 1581-1624), or under the Anti-Smuggling Act (19 U.S.C. 1701-1711); criminal libel for condemnation, exclusion of imports, or other proceedings under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301-392); disputes between seamen under sections 4079, 4080, and 4081 of the Revised Statutes (22 U.S.C. 256-258); habeas corpus under sections 2241-2254 of title 28, United States Code; motions to vacate, set aside or correct sentence under section 2255 of title 28, United States Code; actions for penalties for refusal to transport destitute seamen under section 4578 of the Revised Statutes (46 U.S.C. 6r to release on bail or otherwise.
(e) Other Statutes and Rules. A federal statute or a rule prescribed by the Supreme Court may provide for admitting or excluding evidence independently from these rules. (As amended Pub. L. 94-149, § 1(14), Dec. 12, 1975, 89 Stat. 806; Pub. L. 95-598, title II, §§ 251, 252, Nov. 6, 1978, 92 Stat. 2673, eff. Oct. 1, 1979); actions against the United States under the Act entitled ‘‘An Act authorizing suits against the United States in admiralty for damage caused by and salvage service rendered to public vessels belonging to the United States, and for other purposes’’, approved March 3, 1925 (46 U.S.C. 781-790), as implemented by section 7730 of title 10, United States Code.
(As amended DecPub. L. 97-164, title I, § 142, Apr. 2, 1982, 96 Stat. 45, eff. Oct. 12, 1975; Nov82; Mar. 62, 19787, eff. Oct. 1, 19879; Apr. 25, 19828, eff. OctNov. 1, 19828; Mar. 2, 1987, eff. OctPub. L. 100-690, title VII, § 7075(c), Nov. 18, 19878, 102 Stat. 4405; Apr. 252, 198893, eff. NovDec. 1, 1988; Nov. 18, 198893; Apr. 226, 19932011, eff. Dec. 1, 19932011.)