# MRE 104: Rule 104. Preliminary Questions

> Michigan · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_MI_MRE_R104

## Section

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

- [MRE 101 Rule 101. Scope; Definitions](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MRE_R101.md)
- [MRE 102 Rule 102. Purpose](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MRE_R102.md)
- [MRE 103 Rule 103. Rulings on Evidence](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MRE_R103.md)
- [MRE 104 Rule 104. Preliminary Questions](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MRE_R104.md)
- [MRE 105 Rule 105. Limiting Evidence That is Not Admissible Against Other Parties or for Other](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MRE_R105.md)
- [MRE 106 Rule 106. Remainder of or Related Writings or Recorded Statements](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MRE_R106.md)
- [MRE 201 Rule 201. Judicial Notice of Adjudicative Facts](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MRE_R201.md)
- [MRE 202 Rule 202. Judicial Notice of Law](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MRE_R202.md)
- [MRE 301 Rule 301. Presumptions in Civil Cases](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MRE_R301.md)
- [MRE 302 Rule 302. Presumptions in Criminal Cases](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MRE_R302.md)
- [MRE 401 Rule 401. Test for Relevant Evidence](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MRE_R401.md)
- [MRE 402 Rule 402. General Admissibility of Relevant Evidence](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MRE_R402.md)
- [MRE 403 Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MRE_R403.md)
- [MRE 404 Rule 404. Character Evidence; Other Crimes, Wrongs, or Acts](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MRE_R404.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_MI_MRE_R104. Check the current official text before relying on it. Not legal advice.