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

> Indiana · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_IN_EVID_R104

## Section

- **Citation:** Ind. R. Evid. 104
- **Heading:** Rule 104. Preliminary Questions
- **Jurisdiction:** Indiana
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Indiana Court Rules / Indiana Rules of Evidence / Ind. R. Evid. 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 is not present and cannot hear 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

- [Ind. R. Evid. 101 Rule 101. Scope](https://www.frixlaw.com/law-library/statutes/SRULES_IN_EVID_R101.md)
- [Ind. R. Evid. 102 Rule 102. Purpose](https://www.frixlaw.com/law-library/statutes/SRULES_IN_EVID_R102.md)
- [Ind. R. Evid. 103 Rule 103. Rulings on Evidence](https://www.frixlaw.com/law-library/statutes/SRULES_IN_EVID_R103.md)
- [Ind. R. Evid. 103 (version effective January 1, 2014) Rule 103. Rulings on Evidence](https://www.frixlaw.com/law-library/statutes/SRULES_IN_EVID_R103_V01012014.md)
- [Ind. R. Evid. 104 Rule 104. Preliminary Questions](https://www.frixlaw.com/law-library/statutes/SRULES_IN_EVID_R104.md)
- [Ind. R. Evid. 105 Rule 105. Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes](https://www.frixlaw.com/law-library/statutes/SRULES_IN_EVID_R105.md)
- [Ind. R. Evid. 106 Rule 106. Remainder of or Related Writing or Recorded Statements](https://www.frixlaw.com/law-library/statutes/SRULES_IN_EVID_R106.md)
- [Ind. R. Evid. 201 Rule 201. Judicial Notice](https://www.frixlaw.com/law-library/statutes/SRULES_IN_EVID_R201.md)
- [Ind. R. Evid. 301 Rule 301. Presumptions in Civil Cases Generally](https://www.frixlaw.com/law-library/statutes/SRULES_IN_EVID_R301.md)
- [Ind. R. Evid. 401 Rule 401. Test for Relevant Evidence](https://www.frixlaw.com/law-library/statutes/SRULES_IN_EVID_R401.md)
- [Ind. R. Evid. 402 Rule 402. General Admissibility of Relevant Evidence](https://www.frixlaw.com/law-library/statutes/SRULES_IN_EVID_R402.md)
- [Ind. R. Evid. 403 Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, or Other Reasons](https://www.frixlaw.com/law-library/statutes/SRULES_IN_EVID_R403.md)
- [Ind. R. Evid. 404 Rule 404. Character Evidence; Crimes or Other Acts](https://www.frixlaw.com/law-library/statutes/SRULES_IN_EVID_R404.md)
- [Ind. R. Evid. 405 Rule 405. Methods of Proving Character](https://www.frixlaw.com/law-library/statutes/SRULES_IN_EVID_R405.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_IN_EVID_R104. Check the current official text before relying on it. Not legal advice.