Rule 101. Scope; Definitions

(a) Scope.

These rules apply to proceedings in the courts of this State to the extent and with the exceptions stated in Rule 1101. Rules of evidence set forth in any West Virginia statute not in conflict with any of these rules or any other rules adopted by the Supreme Court of Appeals shall be deemed to be in effect until superseded by rule or decision of the Supreme Court of Appeals of West Virginia.

(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 of Appeals of West Virginia" means a rule adopted by the Supreme Court of Appeals of West Virginia under constitutional, statutory, or inherent rulemaking authority; and

(6)

a reference to any kind of written material or any other medium includes electronically stored information.

COMMENT ON RULE 101

Rule 101(a) is substantially the existing state rule with only stylistic changes.

Rule 101(b) has been patterned after the federal rule with minor changes in order to make it state-specific.