Rule 1101. Applicability of rules. - North Carolina Statutes

Article 11.

Miscellaneous Rules.

Rule 1101. Applicability of rules.

(a)        Proceedings generally. – Except as otherwise provided insubdivision (b) or by statute, these rules apply to all actions and proceedingsin the courts of this State.

(b)        Rules inapplicable. – The rules other than those withrespect to privileges do not apply in the following situations:

(1)        Preliminary Questions of Fact. – The determination ofquestions of fact preliminary to admissibility of evidence when the issue is tobe determined by the court under Rule 104(a).

(2)        Grand Jury. – Proceedings before grand juries.

(3)        Miscellaneous Proceedings. – Proceedings for extradition or rendition; first appearance before district court judge or probable causehearing in criminal cases; sentencing, or granting or revoking probation;issuance of warrants for arrest, criminal summonses, and search warrants;proceedings with respect to release on bail or otherwise.

(4)        Contempt Proceedings. – Contempt proceedings in which thecourt is authorized by law to act summarily. (1983, c. 701, s. 1; 1983 (Reg. Sess., 1984), c. 1037, s. 14; 1985, c.509, s. 2.)