Rule 104. Preliminary Questions

(a) Questions of Admissibility Generally. Preliminary

questions concerning the qualification of a person to be a

witness, the existence of a privilege, or the admissibility of

evidence shall be determined by the court, subject to the

provisions of subdivision (b). In making its determination it is

not bound by the rules of evidence except those with respect to

privileges.

(b) Relevancy Conditioned on Fact. When the

relevancy of evidence depends upon the fulfillment of a

condition of fact, the court shall admit it upon, or subject to,

the introduction of evidence sufficient to support a finding of

the fulfillment of the condition.

(c) Hearing of Jury. Hearings on the admissibility of

confessions shall in all cases be conducted out of the hearing

of the jury. Hearings on other preliminary matters shall be so

conducted when the interest of justice require or, when an

accused is a witness, if the accused so requests.

(d) Testimony by Accused. The accused does not, by

testifying upon a preliminary matter, become subject to cross-

examination as to other issues in the case. Testimony given by

the accused at the hearing is not admissible against the accused

unless inconsistent with the accused’s testimony at trial.

(e) Weight and Credibility. This rule does not limit the

right of a party to introduce before the jury evidence relevant

to weight or credibility.