Rule 1101 - Applicability of Rules(a) Courts. These rules apply to all courts in the State of Colorado.(b) Proceedings generally. These rules apply generally to civil actions, to criminal proceedings, and to contempt proceedings, except those in which the court may act summarily.(c) Rule of privilege. The rule with respect to privileges applies at all stages of all actions, cases, and proceedings. (Federal Rule Identical.)
(d) Rules inapplicable. The rules (other than 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.(2) Grand jury. Proceedings before grand juries.(3) Miscellaneous proceedings. Proceedings for extradition or rendition; preliminary examinations 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. (Federal Rule Identical.)
(e) Rules applicable in part. In any special statutory proceedings, these rules apply to the extent that matters of evidence are not provided for in the statutes which govern procedure therein. Editor's note: The Colorado Rules of Evidence do not apply to hearings under the Colorado Rules for Traffic Infractions. See Rule 11, C.R.T.I.
Committee Comment
The Colorado rule is culled from Rule 81 of the Colorado Rules of Civil Procedure and Rule 1101(e) of the Federal Rules of Evidence.
Annotation Grand jury or preliminary hearing. Hearsay, and other evidence which would be incompetent if offered at trial, is admissible and may well be the bulk of evidence offered to the grand jury or at the preliminary hearing. People v. Gable, 647 P.2d 246 (Colo. App. 1982); People v. Buhrle, 744 P.2d 747 (Colo. 1987). Applied in Sherman v. District Court, 637 P.2d 378 (Colo. 1981); People v. Bowers, 801 P.2d 511 (Colo. 1990).