RULES OF EVIDENCE FOR UNITED STATES COURTS AND MAGISTRATES ARTICLE I. GENERAL PROVISIONS RULE 101 SCOPE These rules govern proceedings in the courts of the United States and before United States magistrates, to the extent and with the exceptions stated in rule 1101. b. See Rule 42, F.R.C.P. and 18 U.S.C. $$ 401, 402. 7. Bankruptcy. 8. De novo trials under Title 5, Section 706 (2) (F), United States Code. C. Rule on privileges applies to all stages of actions, cases, and proceedings. 1. Removes privilege from limitations on the rules. 2. State privilege law should be applied where state D. Rules inapplicable under Rule 1101 to E. Applicable, in part, in enumerated proceedings under Rule 1101 provided specific rules or statutes do not COMMENT This rule appears as originally recommended by the Court. However, the scope of the rule was expanded by Congress to include the Court of Claims and its commissioners (called Trial Judges). These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined. ELEMENTS A. Purpose of Rule 1. Secure fairness in administration. 2. Elimination of unjustifiable expense and delay. 3. Promote development of law of evidence to establish truth and (a) Effect of erroneous ruling. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected. and |