# Me. R. Evid. 104: Rule 104. PRELIMINARY QUESTIONS > Maine · Court rules · In force URL: https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R104 ## Section - **Citation:** Me. R. Evid. 104 - **Heading:** Rule 104. PRELIMINARY QUESTIONS - **Jurisdiction:** Maine - **Kind:** Court rules - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Maine Rules of Court / Maine Rules of Evidence / Me. 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. (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. 20 Now subsection (e). (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. Maine Restyling Note [November 2014] Current Maine Rule 104 is slightly different from its former Federal counterpart. Federal Rule 104(b) has been restyled to make it very similar to Maine Rule 104(b). The language regarding applicability of the rules of evidence in preliminary determinations has been eliminated from Rule 104(a) as part of the restyling process to reflect that the proposed new Rule 101 sets forth all provisions regarding the applicability of the Rules ent from its former Federal counterpart. Federal Rule 104(b) has been restyled to make it very similar to Maine Rule 104(b). The language regarding applicability of the rules of evidence in preliminary determinations has been eliminated from Rule 104(a) as part of the restyling process to reflect that the proposed new Rule 101 sets forth all provisions regarding the applicability of the Rules. Maine Rule 104(a) previously included a reference to the inapplicability of the Rules on preliminary questions other than those arising in connection with Motions to Suppress “and the like.” There is no express reference to Motions to Suppress in the proposed revised Rule 101 as it was the determination of the Advisory Committee that Motions to Supress, which generally consider whether evidence was obtained illegally such as in violation of a person’s constitutional rights, are not preliminary determinations of admissibility under Rule 104. Under the revised language and consistent with well-settled Maine law and practice, the Maine Rules of Evidence will continue to apply during evidentiary hearings on such motions. Federal Advisory Committee Note The language of Rule 104 has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility. __________________________________________________________________ ## Nearby sections - [Me. R. Evid. 101 Rule 101. APPLICABILITY; DEFINITIONS; TITLE](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R101.md) - [Me. R. Evid. 102 Rule 102. PURPOSE](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R102.md) - [Me. R. Evid. 103 Rule 103. RULINGS ON EVIDENCE](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R103.md) - [Me. R. Evid. 104 Rule 104. PRELIMINARY QUESTIONS](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R104.md) - [Me. R. Evid. 105 Rule 105. LIMITING EVIDENCE THAT IS NOT ADMISSIBLE AGAINST](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R105.md) - [Me. R. Evid. 106 Rule 106. REMAINDER OF OR RELATED WRITINGS](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R106.md) - [Me. R. Evid. 201 Rule 201. JUDICIAL NOTICE OF ADJUDICATIVE FACTS](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R201.md) - [Me. R. Evid. 301 Rule 301. PRESUMPTIONS IN CIVIL CASES GENERALLY](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R301.md) - [Me. R. Evid. 302 Rule 302. PRESUMPTION OF LEGITIMACY](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R302.md) - [Me. R. Evid. 303 Rule 303. PRESUMPTIONS IN CRIMINAL CASES](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R303.md) - [Me. R. Evid. 401 Rule 401. TEST FOR RELEVANT EVIDENCE](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R401.md) - [Me. R. Evid. 402 Rule 402. GENERAL ADMISSIBILITY OF RELEVANT EVIDENCE](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R402.md) - [Me. R. Evid. 403 Rule 403. EXCLUDING RELEVANT EVIDENCE FOR PREJUDICE,](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R403.md) - [Me. R. Evid. 404 Rule 404. CHARACTER EVIDENCE; CRIMES OR OTHER ACTS](https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R404.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_ME_EVID_R104. Check the current official text before relying on it. Not legal advice.