Rule 101 Scope

• Library: The Illinois Rules of Evidence: A Color-Coded Guide (2019 Ed.)

FEDERAL RULES OF EVIDENCE

Rule 101. Scope; Definitions

(a) Scope. These rules apply to proceedings in United States courts. The specific courts and proceedings to which the rules apply, along with exceptions, are set out in Rule 1101.

(b) Definitions. In these rules:

(1) "civil case" means a civil action or proceeding;
(2) "criminal case" includes a criminal proceeding;
(3) "public office" includes a public agency;
(4) "record" includes a memorandum, report, or data compilation;
(5) a "rule prescribed by the Supreme Court" means a rule adopted by the Supreme Court under statutory authority; and
(6) a reference to any kind of written material or any other medium includes electronically stored information.

ILLINOIS RULES OF EVIDENCE

Rule 101. Scope

These rules govern proceedings in the courts of Illinois to the extent and with the exceptions stated in Rule 1101. A statutory rule of evidence is effective unless in conflict with a rule or a decision of the Illinois Supreme Court.

Committee Comment to Rule 101

Rule 101 provides that a statutory rule of evidence is effective unless in conflict with an Illinois Supreme Court rule or decision. There is no current statutory rule of evidence that is in conflict with a rule contained in the Illinois Rules of Evidence.

COMMENTARY

Author's Commentary on Ill. R. Evid. 101

Except for the difference in federal court proceedings and the acknowledgment that statutory rules of evidence are effective unless they are in conflict with a rule or a decision of the Illinois Supreme Court, IRE 101 is identical to the federal rule before the latter's amendment solely for stylistic purposes effective December 1, 2011. See also the fourth paragraph of the Committee's general commentary on page 1 of this guide. Note that the Illinois rule does not have a subdivision (b), nor does it contain the definitions now provided by FRE 101(b). That entire subdivision, with the definitions it provides, was added to the federal rule effective December 1, 2011.

"Rule 1101," referred to in IRE 101, reiterates—in IRE 1101(a)—that these evidence rules "govern proceedings in the courts of Illinois." It then provides—in IRE 1101(b) and (c)—the proceedings in which the evidence rules do not apply: in the court's determination of preliminary questions of fact for the admissibility of evidence (IRE 1101(b)(1); in grand jury proceedings (IRE 1101(b)(2); for various listed miscellaneous proceeding (IRE 1101(b)(3); and in small claims actions (IRE 1101(c).

Statutory Rules of Evidence

Regarding the ability of the General Assembly to provide for...