Rule 104. 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 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 presence of the jury when the interests of

justice require or, when an accused is a witness, if the witness so requests.

(d) Testimony by Accused. The accused does not, by testifying upon a

preliminary matter, subject himself or herself 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.