Article 11.\nMiscellaneous Rules.\nRule 1101. Applicability of rules.\n(a) Proceedings generally. – Except as otherwise provided in subdivision (b) or by statute, these rules apply to all actions and proceedings in the courts of this State.\n(b) Rules inapplicable. – The rules other than those with respect to privileges do not apply in the following situations:\n(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).\n(2) Grand Jury. – Proceedings before grand juries.\n(3) Miscellaneous Proceedings. – Proceedings for extradition or rendition; first appearance before district court judge or probable cause hearing in criminal cases; sentencing, or granting or revoking probation; issuance of warrants for arrest, criminal summonses, and search warrants; proceedings with respect to release on bail or otherwise.\n(4) Contempt Proceedings. – Contempt proceedings in which the court is authorized by law to act summarily. (1983, c. 701, s. 1; 1983 (Reg. Sess., 1984), c. 1037, s. 14; 1985, c. 509, s. 2.)
North Carolina Legal Code