# Mont. R. Evid. 104: Rule 104. Preliminary questions of admissibility

> Montana · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_MT_MRE_R104

## Section

- **Citation:** Mont. R. Evid. 104
- **Heading:** Rule 104. Preliminary questions of admissibility
- **Jurisdiction:** Montana
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Montana Court Rules / Montana Rules of Evidence / Mont. R. Evid. 104

## Text

Preliminary questions of admissibility.
(a) Questions of admissibility generally. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court. In making its determination it is not bound by the rules of evidence except those with respect to privileges.
(b) Admissibility subject to a condition. Except as otherwise provided by law, when the admissibility of evidence depends upon proof of other connecting facts, the court may admit such evidence subject to the condition that further evidence be introduced sufficient to support a finding of those connecting facts. The order of proof may be regulated by the sound discretion of the court.
(c) Hearing of jury. Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be so conducted when the interests of justice require or, when an accused is a witness and so requests.
(d) Testimony by accused. The accused does not, by testifying upon a preliminary matter, become subject to cross-examination as to other issues in the case.
(e) Weight and credibility. This rule does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.

## Nearby sections

- [Mont. R. Evid. 101 Rule 101. Scope](https://www.frixlaw.com/law-library/statutes/SRULES_MT_MRE_R101.md)
- [Mont. R. Evid. 102 Rule 102. Purpose and construction](https://www.frixlaw.com/law-library/statutes/SRULES_MT_MRE_R102.md)
- [Mont. R. Evid. 103 Rule 103. Rulings on evidence](https://www.frixlaw.com/law-library/statutes/SRULES_MT_MRE_R103.md)
- [Mont. R. Evid. 104 Rule 104. Preliminary questions of admissibility](https://www.frixlaw.com/law-library/statutes/SRULES_MT_MRE_R104.md)
- [Mont. R. Evid. 105 Rule 105. Limited admissibility](https://www.frixlaw.com/law-library/statutes/SRULES_MT_MRE_R105.md)
- [Mont. R. Evid. 106 Rule 106. Remainder of or related acts, writings, or statements](https://www.frixlaw.com/law-library/statutes/SRULES_MT_MRE_R106.md)
- [Mont. R. Evid. 201 Rule 201. Judicial notice of facts](https://www.frixlaw.com/law-library/statutes/SRULES_MT_MRE_R201.md)
- [Mont. R. Evid. 202 Rule 202. Judicial notice of law](https://www.frixlaw.com/law-library/statutes/SRULES_MT_MRE_R202.md)
- [Mont. R. Evid. 301 Rule 301. Presumptions in general](https://www.frixlaw.com/law-library/statutes/SRULES_MT_MRE_R301.md)
- [Mont. R. Evid. 302 Rule 302. Applicability of federal law in civil cases](https://www.frixlaw.com/law-library/statutes/SRULES_MT_MRE_R302.md)
- [Mont. R. Evid. 401 Rule 401. Definition of relevant evidence](https://www.frixlaw.com/law-library/statutes/SRULES_MT_MRE_R401.md)
- [Mont. R. Evid. 402 Rule 402. Relevant evidence generally admissible; irrelevant evidence inadmissible](https://www.frixlaw.com/law-library/statutes/SRULES_MT_MRE_R402.md)
- [Mont. R. Evid. 403 Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time](https://www.frixlaw.com/law-library/statutes/SRULES_MT_MRE_R403.md)
- [Mont. R. Evid. 404 Rule 404. Character evidence not admissible to prove conduct, exceptions; other crimes; character in issue](https://www.frixlaw.com/law-library/statutes/SRULES_MT_MRE_R404.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_MT_MRE_R104. Check the current official text before relying on it. Not legal advice.