ER RULE 1101
                            APPLICABILITY OF RULES


     (a) Courts Generally. Except as otherwise provided in section (c), these
rules apply to all actions and proceedings in the courts of the state of
Washington. The terms "judge" and "court" in these rules refer to any judge of
any court to which these rules apply or any other officer who is authorized by
law to hold any hearing to which these rules apply.

     (b) Law With Respect to Privilege. The law with respect to privileges
applies at all stages of all actions, cases, and proceedings.

     (c) When Rules Need Not Be Applied. The rules (other than with respect to
privileges, the rape shield statute and ER 412)) need not be applied 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 and special inquiry judges.

     (3) Miscellaneous Proceedings. Proceedings for extradition or rendition;
detainer proceedings under RCW 9.100; preliminary determinations 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; contempt proceedings in which the court may act
summarily; habeas corpus proceedings; small claims court; supplemental
proceedings under RCW 6.32; coroners' inquests; preliminary determinations in
juvenile court; juvenile court hearings on declining jurisdiction; disposition,
review, and permanency planning hearings in juvenile court; dispositional
determinations related to treatment for alcoholism, intoxication, or drug
addiction under RCW 70.96A; and dispositional determinations under the Civil
Commitment Act, RCW 71.05.

     (4) Applications for Protection Orders.  Protection order proceedings
under RCW 7.90, 10.14 , 26.50 and 74.34.  Provided when a judge proposes to
consider information from a criminal or civil database, the judge shall
disclose the information to each party present at the hearing; on timely
request, provide each party with an opportunity to be heard; and, take
appropriate measures to alleviate litigants' safety concerns.  The judge has
discretion not to disclose information that he or she does not propose to consider.

     (d) Arbitration Hearings. In a mandatory arbitration hearing under RCW 7.06,
the admissibility of evidence is governed by MAR 5.3.


[Amended September 2, 1999; January 2, 2008; September 1, 2008, September 1, 2010]


                                 Comment 1101

[Deleted effective September 1, 2006]