§ Art. 1101. Applicability

Codes > Louisiana Code of Evidence > Chapter 11. > Art. 1101.

Art. 1101. Applicability

A. Proceedings generally; rule of privilege.

     (1) Except as otherwise provided by legislation, the provisions of this Code shall be applicable to the determination of questions of fact in all contradictory judicial proceedings and in proceedings to confirm a default judgment. Juvenile adjudication hearings in non-delinquency proceedings shall be governed by the provisions of this Code applicable to civil cases. Juvenile adjudication hearings in delinquency proceedings shall be governed by the provisions of this Code applicable to criminal cases.

     (2) Furthermore, except as otherwise provided by legislation, Chapter 5 of this Code with respect to testimonial privileges applies to all stages of all actions, cases, and proceedings where there is power to subpoena witnesses, including administrative, juvenile, legislative, military courts-martial, grand jury, arbitration, medical review panel, and judicial proceedings, and the proceedings enumerated in Paragraphs B and C of this Article.

B. Limited applicability. Except as otherwise provided by Article 1101(A)(2) and other legislation, in the following proceedings, the principles underlying this Code shall serve as guides to the admissibility of evidence. The specific exclusionary rules and other provisions, however, shall be applied only to the extent that they tend to promote the purposes of the proceeding.

     (1) Worker's compensation cases.

     (2) Child custody cases.

     (3) Revocation of probation hearings.

     (4) Preliminary examinations in criminal cases, and the court may consider evidence that would otherwise be barred by the hearsay rule.

     (5) All proceedings before mayors' courts and justice of the peace courts.

     (6) Peace bond hearings.

     (7) Extradition hearings.

     (8) Hearings on motions and other summary proceedings involving questions of fact not dispositive of or central to the disposition of the case on the merits, or to the dismissal of the case, excluding in criminal cases hearings on motions to suppress evidence and hearings to determine mental capacity to proceed.

C. Rules inapplicable. Except as otherwise provided by Article 1101(A)(2) and other legislation, the provisions of this Code shall not apply to the following:

     (1) The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under Article 104.

     (2) Proceedings with respect to release on bail.

     (3) Disposition hearings in juvenile cases.

     (4) Sentencing hearings except as provided in Code of Criminal Procedure Article 905.2 in capital cases.

     (5) Small claims court proceedings except as provided in R.S. 13:5203 and 13:5207.

     (6) Proceedings before grand juries except as provided by Code of Criminal Procedure Article 442.

D. Discretionary applicability. Notwithstanding the limitations on the applicability of this Code stated in Paragraphs A, B, and C of this Article, in all judicial proceedings a court may rely upon the provisions of this Code with respect to judicial notice, authentication and identification, and proof of contents of writings, recordings, and photographs as a basis for admitting evidence or making a finding of fact.

NOTE--EFFECTIVE DATE AND APPLICATION--ACTS 1992, NO. 376

<Section 9 of Acts 1992, No. 376 (§ 1 of which enacted Chapter 5, “Testimonial Privileges” of the Code of Evidence, and §§ 2 to 8 of which made conforming amendments, repeals, and authorizations) provides:>

<“This Act shall be effective on January 1, 1993. However, communications made prior to January 1, 1993, which were subject to a valid claim of privilege under prior law, retain their privileged character unless waived.”>