Rule 101 Scope

• Jurisdiction: Arizona

These rules govern proceedings in courts in the State of Arizona, with the exceptions stated in Rule 1101.

Comment

This rule must be read together with Rule 1101. Rule 1101(a) provides that the Rules of Evidence apply to all courts, record and nonrecord, to the extent set forth in the Rules of Evidence. Under Rule 104(a), the trial court is not bound by the Rules of Evidence in making preliminary evidentiary determinations except for those Rules concerning privileges. Rule 1101(b) provides that the Rules of Evidence apply to all civil actions and proceedings, all contempt proceedings (except those in which the trial court may act summarily), and all criminal actions and proceedings (except as provided in the Arizona Rules of Criminal Procedure). Rule 19.3 of the Arizona Rules of Criminal Procedure provides that the law of evidence relating to civil actions applies, except as otherwise provided. Rule 1101(c) provides that the rule governing privileges applies at all stages of actions, cases, and proceedings. Rule 1101(d) provides that the Rules (other than the one governing privileges) do not apply to proceedings before a grand jury. The Rules of Evidence therefore apply to all court proceedings, unless some other rule specifically precludes their application.

This rule refers to "courts," so the Rules of Evidence may or may not apply in adversarial administrative proceedings. To determine whether these Rules apply to a specific administrative proceeding, it is necessary to review the specific statutes governing that proceeding.

The Arizona Supreme Court has held that it adopted the Rules of Evidence pursuant to its authority in the Arizona Constitution to make rules in procedural matters.[1] It has further held that the Arizona Legislature has the power to enact statutory rules of evidence, and it will recognize those rules as long as they are reasonable and workable and supplement the Rules of Evidence, but will strike down any legislative rule it determines engulfs or negates any of the Rules of Evidence.[2]

Cases

101.010 The Arizona Constitution gives the Arizona Supreme Court power to make rules for all procedural matters in any court; the Rules of Evidence are regarded as procedural.

State v. Robinson,153 Ariz. 191, 735 P.2d 801 (1987) (court held that legislatively created hearsay exception is unconstitutional).

Readenour v. Marion Power Shovel,149 Ariz. 442, 719 P.2d 1058 (1986) (power to make procedural rules is granted by Ariz. Const. art. 6...