Speech #930072127

The word "judge" in these rules includes United States magistrates and referees In bankruptcy. (b) Proceedings generally.-These rules apply generally to civil actions. including.admiralty and maritime cases. to criminal proceedings. to contempt. proceedings except those in which the judge may act summarily. and to proceedings and cases under the Bankruptcy Act. (c) Rules of privilege.-The [rules] rule with respect to privileges [apply] applies at all stages of all actions. cases. and proceedfngs. (d) Rules inapplicable.-The rules (other than [those] with respect to privileges) do not apply in the following situations: (I) Preliminary questions of fact.-The determination of questions of fact preliminary to admissibility of evidence when the Issue is to be determined by the judge under rule 104(a). (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. (e) Rules applicable In part.-In the following proceedings these rules apply to the extent that matters of evidence are not provided for in the statutes which govern procedure therein or in other rules [adopted] prescribed by the Supreme Court uder statutory authority: the trial of minor and petty offenses by United States magistrates. review of agency actions when the facts are subject to trial de novo under section 706(2) (F) of title 5. United States Code. [review of orders of Secretary of Agriculture under sections 292. 499f and 499g(c) of title 7. United States Code. naturalization and revocation of naturalization under sections 14211429 of title 8. United States Code. prize proceedings in admiralty under sections 76517681 of title 10. United States Code. review of orders of Secretary of the Interior under section 522 of title I5.