# Fed. R. Evid. 104: Rule 104. Preliminary Questions

> Federal · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R104

## Section

- **Citation:** Fed. R. Evid. 104
- **Heading:** Rule 104. Preliminary Questions
- **Jurisdiction:** Federal
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Federal Rules of Evidence > Rule 104

## Text

(a) IN GENERAL. The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege.

(b) RELEVANCE THAT DEPENDS ON A FACT. When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the proposed evidence on the condition that the proof be introduced later.

(c) CONDUCTING A HEARING SO THAT THE JURY CANNOT HEAR IT. The court must conduct any hearing on a preliminary question so that the jury cannot hear it if: (1) the hearing involves the admissibility of a confession; (2) a defendant in a criminal case is a witness and so requests; or (3) justice so requires.

(d) CROSS-EXAMINING A DEFENDANT IN A CRIMINAL CASE. By testifying on a preliminary question, a defendant in a criminal case does not become subject to cross-examination on other issues in the case.

(e) EVIDENCE RELEVANT TO WEIGHT AND CREDIBILITY. This rule does not limit a party’s right to introduce before the jury evidence that is relevant to the weight or credibility of other evidence.

## Nearby sections

- [Fed. R. Evid. 101 Rule 101. Scope; Definitions](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R101.md)
- [Fed. R. Evid. 102 Rule 102. Purpose](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R102.md)
- [Fed. R. Evid. 103 Rule 103. Rulings on Evidence](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R103.md)
- [Fed. R. Evid. 104 Rule 104. Preliminary Questions](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R104.md)
- [Fed. R. Evid. 105 Rule 105. Limiting Evidence That Is Not Admissible Against Other](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R105.md)
- [Fed. R. Evid. 106 Rule 106. Remainder of or Related Statements](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R106.md)
- [Fed. R. Evid. 107 Rule 107. Illustrative Aids](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R107.md)
- [Fed. R. Evid. 201 Rule 201. Judicial Notice of Adjudicative Facts](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R201.md)
- [Fed. R. Evid. 301 Rule 301. Presumptions in Civil Cases Generally](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R301.md)
- [Fed. R. Evid. 302 Rule 302. Applying State Law to Presumptions in Civil Cases](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R302.md)
- [Fed. R. Evid. 401 Rule 401. Test for Relevant Evidence](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R401.md)
- [Fed. R. Evid. 402 Rule 402. General Admissibility of Relevant Evidence](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R402.md)
- [Fed. R. Evid. 403 Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R403.md)
- [Fed. R. Evid. 404 Rule 404. Character Evidence; Other Crimes, Wrongs, or Acts](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R404.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R104. Check the current official text before relying on it. Not legal advice.