Fed. R. Evid. 101 — Scope; Definitions
Plain English
These rules govern proceedings in U.S. courts—Rule 1101 spells out exactly which courts and proceedings, and the exceptions. Subsection (b) defines recurring terms (“civil case,” “criminal case,” “public office,” “record,” and “rule prescribed by the Supreme Court”) and confirms that any reference to written material includes electronically stored information (ESI).
From the Courtroom
Rule 101 is the on-ramp—rarely argued on its own, but two pieces matter in practice. The definitions control how every other rule reads, and the ESI clause means the evidence rules reach emails, texts, and metadata exactly as they reach paper. When whether the rules even apply to a particular proceeding is in question, Rule 101 routes you straight to Rule 1101.
Key Points & Authority
- Scope. The Federal Rules of Evidence apply to proceedings in U.S. courts; Rule 1101 lists the specific courts, proceedings, and exceptions.
- Definitions. Defines “civil case,” “criminal case,” “public office,” “record,” and “rule prescribed by the Supreme Court.”
- ESI. A reference to any written material or other medium includes electronically stored information.
Florida Parallel
Florida Parallel: Fed. R. Evid. 101 corresponds to § 90.103, Fla. Stat. (Scope; applicability). Florida places its scope provision at § 90.103 and its short title at § 90.101, and—unlike FRE 101—does not consolidate definitions in a single section. Cross-reference is text-only for now; live links to the Florida Evidence Code pages are added in a later interlinking pass.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(a) Scope. These rules apply to proceedings in United States courts. The specific courts and proceedings to which the rules apply, along with exceptions, are set out in Rule 1101.
(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” means a rule adopted by the Supreme Court under statutory authority; and
(6) a reference to any kind of written material or any other medium includes electronically stored information.
Educational reference. Educational summary of the Federal Rules of Evidence, not legal advice.
What this rule means in plain English
These rules govern proceedings in U.S. courts—Rule 1101 spells out exactly which courts and proceedings, and the exceptions. Subsection (b) defines recurring terms (“civil case,” “criminal case,” “public office,” “record,” and “rule prescribed by the Supreme Court”) and confirms that any reference to written material includes electronically stored information (ESI).