Montana Rules of Evidence R. 101
Rule 101. Scope.
Terms Used In Montana Rules of Evidence R
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(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.