- (a) Proceedings generally. These rules govern all proceedings in all courts in the state of Montana with the exceptions stated in this rule.
- (b) Rules of privilege. The rules with respect to privileges found in Article V apply at all stages of all actions, cases and proceedings.
- (c) Rules inapplicable. The 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. Proceedings for extradition or rendition; preliminary examinations and proceedings on applications for leave to file informations in criminal cases; sentencing; dispositional hearings in youth court proceedings; granting or revoking probation or parole; issuance of warrants for arrest, criminal summonses and notices to appear, and search warrants; and proceedings with respect to release on bail or otherwise.
- (4) Summary proceedings. Proceedings, other than motions for summary judgment, where the court is authorized by law to act summarily.
- (5) Other miscellaneous proceedings. Ex parte matters; and proceedings, when authorized by law, which are uncontested or nonadversary.
History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977.