Md. R. Evid. 5-101

As amended through April 5, 2024

Rule 5-101 - Scope

(a)Generally. Except as otherwise provided by statute or rule, the rules in this Title apply to all actions and proceedings in the courts of this State.

(b)Rules Inapplicable. The rules in this Title other than those relating to the competency of witnesses do not apply to the following proceedings:

(1) Proceedings before grand juries;

(2) Proceedings for extradition or rendition;

(3) Direct contempt proceedings in which the court may act summarily;

(4) Small claim actions under Rule 3-701 and appeals under Rule 7-112(d)(2);

(5) Issuance of a summons or warrant under Rule 4-212;

(6) Pretrial release under Rule 4-216, 4-216.1, 4-216.2, or 4-216.3 or release after conviction under Rule 4-349;

(7) Preliminary hearings under Rule 4-221;

(8) Post-sentencing procedures under Rule 4-340;

(9) Sentencing under Rule 4-342;

(10) Issuance of a search warrant under Rule 4-601;

(11) Detention and shelter care hearings under Title 11, Chapters 200 and 400;

(12) Emergency hearing proceedings following the removal of a child from a court-ordered placement under Title 11, Chapters 200 and 300;

(13) Guardianship review hearings under Rule 11-316; and

(14) Any other proceeding in which, prior to the adoption of the rules in this Title, the court was traditionally not bound by the common-law rules of evidence.

(c)Discretionary Application. In the following proceedings, the court, in the interest of justice, may decline to require strict application of the rules in this Title other than those relating to the competency of witnesses:

(1) The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under Rule 5-104(a);

(2) Proceedings for revocation of probation under Rule 4-347;

(3) Hearings on petitions for post-conviction relief under Rule 4-406;

(4) Plenary proceedings in the Orphans' Court under Rule 6-462;

(5) Proceedings under Title 11 of these Rules except proceedings listed in section (b) of this Rule and proceedings listed in Rule 11-101(b)(2) in which strict application of the Rules in this Title is required;

(6) Catastrophic health emergency proceedings under Title 15, Chapter 1100;

(7) Hearings on petitions for coram nobis under Rule 15-1206; and

(8) Any other proceeding in which, prior to the adoption of the rules in this Title, the court was authorized to decline to apply the common-law rules of evidence.

(d)Privileges. In all actions and proceedings, lawful privileges shall be respected.

Md. R. Evid. 5-101

This Rule is derived in part from Uniform Rule of Evidence 1101 and is in part new.

Adopted Dec. 15, 1993, eff. 7/1/1994. Amended June 5, 1996, eff. 1/1/1997; 4/5/2005, eff. 7/1/2005; 11/8/2005, eff. 1/1/2006; 12/4/2007, eff. 1/1/2008; 6/11/2012, eff. 6/12/2012; 5/27/2014, eff. 7/1/2014; 12/7/2015, eff. 1/1/2016; 2/16/2017, eff. 7/1/2017; amended Nov. 9, 2021, eff. 1/1/2022.

HISTORICAL NOTES

2005 Orders

The April 5, 2005, order inserted subsec. (c)(8), relating to catastrophic health emergency proceedings; and redesignated former (c)(8) as subsec. (c)(9).

The November 8, 2005, order amended the committee note following section (b); in section (c), in the introductory paragraph, made a nonsubstantive change; in subsec. (c)(6), inserted ", including permanency planning hearings under Code, Courts Article, § 3-823 "; inserted new subsec. (c)(9), related to hearings on petitions for coram nobis; and redesignated former subsec. (c)(9) as subsec. (c)(10).

2007 Orders

The December 4, 2007, order, inserted section (d); and amended the source note.

2012 Orders

The June 12, 2012, order added a reference to Rule 4-216.1.

2014 Orders

The May 27, 2014 order added internal references to Rule 4-216.2 in (b)(6).

2015 Orders

The December 7, 2015, order, amended language in subsection (b)(9) and deleted a Committee note.

2017 Orders

The February 16, 2017 order, revised internal references.