Rule 104. Preliminary Questions

RULE 104. Preliminary Questions

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(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 in a criminal case;

(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 outside the jury’s

hearing 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.