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RULE 5-101. SCOPE

West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2022

West's Annotated Code of Maryland
Maryland Rules
Title 5. Evidence (Refs & Annos)
Chapter 100. General Provisions
Effective: January 1, 2022
MD Rules, Rule 5-101
RULE 5-101. SCOPE
(a) Generally. Except as otherwise provided by statute or rule, the rules in this Title apply to all actions and proceedings in the courts of this State.
(b) Rules Inapplicable. The rules in this Title other than those relating to the competency of witnesses do not apply to the following proceedings:
(1) Proceedings before grand juries;
(2) Proceedings for extradition or rendition;
(3) Direct contempt proceedings in which the court may act summarily;
(4) Small claim actions under Rule 3-701 and appeals under Rule 7-112 (d)(2);
(5) Issuance of a summons or warrant under Rule 4-212;
(6) Pretrial release under Rule 4-216, 4-216.1, 4-216.2, or 4-216.3 or release after conviction under Rule 4-349;
(7) Preliminary hearings under Rule 4-221;
(8) Post-sentencing procedures under Rule 4-340;
(9) Sentencing under Rule 4-342;
(10) Issuance of a search warrant under Rule 4-601;
(11) Detention and shelter care hearings under Title 11, Chapters 200 and 400;
(12) Emergency hearing proceedings following the removal of a child from a court-ordered placement under Title 11, Chapters 200 and 300;
(13) Guardianship review hearings under Rule 11-316; and
(14) Any other proceeding in which, prior to the adoption of the rules in this Title, the court was traditionally not bound by the common-law rules of evidence.
(c) Discretionary Application. In the following proceedings, the court, in the interest of justice, may decline to require strict application of the rules in this Title other than those relating to the competency of witnesses:
(1) The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under Rule 5-104 (a);
(2) Proceedings for revocation of probation under Rule 4-347;
(3) Hearings on petitions for post-conviction relief under Rule 4-406;
(4) Plenary proceedings in the Orphans' Court under Rule 6-462;
(5) Proceedings under Title 11 of these Rules except proceedings listed in section (b) of this Rule and proceedings listed in Rule 11-101 (b)(2) in which strict application of the Rules in this Title is required;
(6) Catastrophic health emergency proceedings under Title 15, Chapter 1100; and
(7) Hearings on petitions for coram nobis under Rule 15-1206; and
(8) Any other proceeding in which, prior to the adoption of the rules in this Title, the court was authorized to decline to apply the common-law rules of evidence.
(d) Privileges. In all actions and proceedings, lawful privileges shall be respected.
Source: This Rule is derived in part from Uniform Rule of Evidence 1101 and is in part new.

Credits

[Adopted Dec. 15, 1993, eff. July 1, 1994. Amended June 5, 1996, eff. Jan. 1, 1997; April 5, 2005, eff. July 1, 2005; Nov. 8, 2005, eff. Jan. 1, 2006; Dec. 4, 2007, eff. Jan. 1, 2008; June 11, 2012, eff. June 12, 2012; May 27, 2014, eff. July 1, 2014; Dec. 7, 2015, eff. Jan. 1, 2016; February 16, 2017, eff. July 1, 2017; Nov. 9, 2021, eff. Jan. 1, 2022.]
MD Rules, Rule 5-101, MD R REV Rule 5-101
Current with amendments received through May 15, 2022. Some sections may be more current, see credits for details.
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