# I.R.E. 104: Rule 104. Preliminary Questions

> Idaho · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R104

## Section

- **Citation:** I.R.E. 104
- **Heading:** Rule 104. Preliminary Questions
- **Jurisdiction:** Idaho
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Idaho Court Rules / Idaho Rules of Evidence / I.R.E. 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

- [I.R.E. 101 Rule 101. Title and Scope](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R101.md)
- [I.R.E. 102 Rule 102. Purpose and Construction](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R102.md)
- [I.R.E. 103 Rule 103. Rulings on Evidence](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R103.md)
- [I.R.E. 104 Rule 104. Preliminary Questions](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R104.md)
- [I.R.E. 105 Rule 105. Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R105.md)
- [I.R.E. 106 Rule 106. Remainder of or Related Writings or Recorded Statements](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R106.md)
- [I.R.E. 201 Rule 201. Judicial Notice of Adjudicative Facts](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R201.md)
- [I.R.E. 301 Rule 301. Presumptions in Civil Cases Generally](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R301.md)
- [I.R.E. 302 Rule 302. Applying Federal law to Presumptions in civil cases](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R302.md)
- [I.R.E. 303 Rule 303. Presumptions in Criminal Cases](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R303.md)
- [I.R.E. 401 Rule 401. Test for Relevant Evidence](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R401.md)
- [I.R.E. 402 Rule 402. General Admissibility of Relevant Evidence](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R402.md)
- [I.R.E. 403 Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R403.md)
- [I.R.E. 404 Rule 404. Character Evidence; Crimes or Other Acts](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R404.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R104. Check the current official text before relying on it. Not legal advice.