ARTICLE XI.

MISCELLANEOUS RULES

     Rule 1101  Applicability of rules.  (a)  Courts.  These rules apply to all courts of the State of Hawaii except as otherwise provided by statute.

     (b)  Proceedings.  These rules apply generally to civil and criminal proceedings.

     (c)  Rule of privilege.  The rule with respect to privileges applies at all stages of all actions, cases, and proceedings.

     (d)  Rules inapplicable.  The rules (other than with respect to privileges) do not apply in the following:

     (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)  Small claims.  Proceedings before the small claims division of the district courts. [L 1980, c 164, pt of §1]

RULE 1101 COMMENTARY

  This rule resembles Fed. R. Evid. 1101 with appropriate modifications.

  Subsections (a) and (b):  The intent is to posit the applicability of the Hawaii Rules of Evidence in all state courts and in all proceedings, except as provided in subsection (d).

  Subsection (c):  There are no exceptions to the privilege rules except as specifically set forth in Article V.

  Subsection (d):  Paragraph (1) simply restates the point made in the last sentence of Rule 104(a), and the matter is treated in the commentary to that rule.  Paragraph (2) follows the lead of Fed. R. Evid. 1101(d)(2) in excepting grand jury proceedings from the requirements of the rules.  There is no intent, however, to disturb rulings such as State v. Layton, 53 H. 513, 497 P.2d 559 (1972), and State v. Joao, 53 H. 226, 491 P.2d 1089 (1971), where the Hawaii Supreme Court has imposed supervisory and due process limitations on the kinds of evidence that can be presented to grand juries.  "Miscellaneous proceedings," exempted in paragraph (3), include "preliminary examination in criminal cases," by which is meant those hearings specified in HRCrP 5(c).  Other pretrial motions and proceedings in criminal and civil cases are not exempted.  The exemption for small claims courts is consistent with Hawaii Rev. Stat. §633-32 (1976).

Rules of Court

  Probate proceedings, see HPR rule 18.

  Small claims division, see RSCD rule 9.