Chapter XI · Miscellaneous Rules

Rule 5.1101. Applicability of the rules

Amended January 1, 2017 (current)

(a) To courts and judges The Iowa Rules of Evidence apply to proceedings before the courts of this state, including proceedings before magistrates and court-appointed referees and masters, except as Iowa Supreme Court rules otherwise provide.

(b) Rules on privilege The rules on privilege apply to all stages of a case or proceeding.

(c) Exceptions. The Iowa Rules of Evidence—except for those on privilege—do not apply to the following:

(1) The court’s determination, under rule 5.104(a), on a preliminary question of fact governing admissibility.

(2) Grand-jury proceedings.

(3) Contempt proceedings in which an adjudication is made without prior notice and a hearing.

(4) Miscellaneous proceedings such as: extradition or rendition; issuing an arrest warrant, criminal summons, or search warrant; a preliminary examination in a criminal case; sentencing; granting or revoking probation or supervised release; and considering whether to release on bail or otherwise. Rule 5.1102 Reserved.