Rule 101. Scope. - Montana Statutes

     Rule 101. Scope.
     (a) Proceedings generally. These rules govern all proceedings in all courts in the state of Montana with the exceptions stated in this rule.
     (b) Rules of privilege. The rules with respect to privileges found in Article V apply at all stages of all actions, cases and proceedings.
     (c) 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 questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under Rule 104(a).
     (2) Grand jury. Proceedings before grand juries.
     (3) Miscellaneous proceedings. Proceedings for extradition or rendition; preliminary examinations and proceedings on applications for leave to file informations in criminal cases; sentencing; dispositional hearings in youth court proceedings; granting or revoking probation or parole; issuance of warrants for arrest, criminal summonses and notices to appear, and search warrants; and proceedings with respect to release on bail or otherwise.
     (4) Summary proceedings. Proceedings, other than motions for summary judgment, where the court is authorized by law to act summarily.
     (5) Other miscellaneous proceedings. Ex parte matters; and proceedings, when authorized by law, which are uncontested or nonadversary.

     History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977.