Rule 1101. Rules applicable

Rules applicable.

(a) General applicability. Except as otherwise provided by constitutional provision, statute, this rule, or other rules of the Supreme Court of Alabama, these rules of evidence apply in all proceedings in the courts of Alabama, including proceedings before referees and masters.

(b) Rules inapplicable. These 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.

(2) GRAND JURY. Proceedings before grand juries.

(3) MISCELLANEOUS PROCEEDINGS. Proceedings for extradition or rendition; preliminary hearings 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.

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

Committee Notes

Advisory Committee’s Notes Most states adopting modern evidence codes have modeled their corresponding rule after the language found in Uniform Rule of Evidence 1101. See G. Joseph & S. Saltzburg, Evidence in America: The Federal Rules in the States § 73.2 (1987). This has been done because the terminology found in Fed.R.Evid. 1101 is so specifically tailored to apply exclusively to federal courts and proceedings. Following the lead of that majority of states adopting modern evidence codes, the committee has based this Rule 1101 upon its counterpart under the Uniform Rules of Evidence. Section (a). General applicability. This rule does not declare these rules of evidence applicable in proceedings in which evidence rules historically have not been applied. Rather, the intent is to make the Alabama Rules of Evidence applicable to the same proceedings that were governed by the general law of evidence at the time of their adoption. This means, consequently, that these rules will govern the following illustrative proceedings, just as the general law of evidence did before the adoption of these rules: (1) nonjury cases, see Arant v. Grier, 286 Ala. 263, 239 So.2d 188 (1970) (recognizing that evidence rules do apply in nonjury cases even though a presumption of correctness arises on appeal as to the trial court’s evidentiary findings); C. Gamble, McElroy’s Alabama Evidence § 6.05 (4th ed. 1991); (2) criminal cases, as well as civil cases, see Ala.R.Crim.P. 19.2(a) (providing that, except as otherwise provided by law, the law of evidence relating to civil actions shall apply to criminal proceedings); and (3) workers’ compensation cases, see Ala. Code 1975, § 25-5-81 (providing that workers’ compensation cases shall be heard and determined in circuit court upon the same basis as a civil tort action). See also Ala. Small Claims R. J (providing that small claims judges may “relax the rules of evidence” and thus implying that the rules of evidence otherwise apply to a small cl