Rule 104. Preliminary Questions

(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.