# R.I. R. Evid. 104: Rule 104. Preliminary Questions.— (a) Questions of Admissibility

> Rhode Island · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_RI_EVID_R104

## Section

- **Citation:** R.I. R. Evid. 104
- **Heading:** Rule 104. Preliminary Questions.— (a) Questions of Admissibility
- **Jurisdiction:** Rhode Island
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Rhode Island Court Rules / Rhode Island Judiciary / Rhode Island Rules of Evidence / R.I. R. Evid. 104

## Text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_RI_EVID_R104. Check the current official text before relying on it. Not legal advice.