Rule 104. Preliminary Questions

Preliminary Questions.

(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, subject to

the provisions of subdivision (B). In making its determination it is not bound by the rules

of evidence except those with respect to privileges.

(B)

Relevancy conditioned on fact

When the relevancy of evidence depends upon the fulfillment of a condition of fact, the

court shall admit it upon, or subject to, the introduction of evidence sufficient to support a

finding of the fulfillment of the condition.

(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 also be conducted out of

the hearing of the jury when the interests of justice require.

(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.