W.Va. R. Evid. 1101

As amended through January 31, 2024
Rule 1101 - Applicability
(a)Rules Applicable. Except as otherwise provided in subdivision (b), these rules apply to all actions and proceedings in the courts of this state.
(b)Rules Inapplicable. Unless otherwise provided by rules of the Supreme Court of Appeals, these rules other than those 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(a).
(2)Grand Jury. Proceedings before grand juries.
(3)Miscellaneous Proceedings. Sentencing; granting or revoking probation or supervised release; issuance of warrants for arrest, criminal summonses and search warrants; and proceedings with respect to release on bail or otherwise.
(4)Contempt Proceedings. Contempt proceedings in which the court may act summarily.
(5)Depositions. Depositions are governed by the Rules of Civil Procedure.

W.va. R. Evid. 1101

COMMENT ON RULE 1101

Except for the addition of "or supervised release" in Rule 1101(b)(3), and the additions of Rule 1101(b)(5) regarding depositions, this rule is the existing state rule without any proposed changes.