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.