Ind. Evidence Rule 101

Effective January 1, 2014

(a) Scope.

These rules apply to proceedings in the courts of this State to the extent and with the exceptions

stated in this rule.

(b) 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.

(c) Rules of Privilege.

The rules and laws with respect to privileges apply at all stages of all actions, cases, and proceedings.

(d) 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 a question of fact preliminary to the admission of evidence, where the court

determines admissibility under Rule 104(a).

(2) Miscellaneous proceedings.

Proceedings relating to extradition, sentencing, probation, or parole, issuance of criminal sum-

monses or warrants for arrest or search, preliminary juvenile matters, direct contempt, bail hearings, small claims, and grand jury proceedings.