Rule 101. Scope of Rules: Applicability; Privileges; Exceptions

Scope of Rules: Applicability; Privileges; Exceptions.

(A)

Applicability

These rules govern proceedings in the courts of this state, subject to the exceptions stated

in division (D) of this rule.

(B)

Privileges

The rule with respect to privileges applies at all stages of all actions, cases, and proceedings

conducted under these rules.

(C)

Definitions

As used in these rules:

(1)

“Present” means the physical or remote presence of an individual.

(2)

“Remote presence” means the presence of a person who is using live two-way video and audio technology.

(D)

Exceptions

These rules (other than with respect to privileges) do not apply in the following situations:

(1)

Determinations prerequisite to rulings on the admissibility of evidence

when the issue is to be determined by the court under Evid.R. 104;

(2)

Proceedings before grand juries;

(3)

Proceedings for extradition or rendition of fugitives; sentencing; granting

or revoking probation; proceedings with respect to community control sanctions;

issuance of warrants for arrest, criminal summonses and search warrants; and

proceedings with respect to release on bail or otherwise;

(4)

Contempt proceedings in which the court may act summarily;

(5)

Proceedings for those mandatory arbitrations of civil cases authorized by

the rules of superintendence and governed by local rules of court;

(6)

Proceedings in which other rules prescribed by the Supreme Court govern

matters relating to evidence;

(7)

Special statutory proceedings of a non-adversary nature in which these rules

would by their nature be clearly inapplicable;

(8)

Proceedings in the small claims division of a county or municipal court.

(E)

Court orders regarding physical appearance

As used in these rules, any option to use live two-way video and audio technology shall

not be construed to limit the power of a court to order that a party, attorney, or witness

physically appear at a proceeding without the use of live two-way video and audio

technology.