Rule 2:104. PRELIMINARY DETERMINATIONS

(a) Determinations made by the court. The qualification of a person to be a witness, the

existence of a privilege, or the admissibility of evidence is decided by the court, subject to the

provisions of subdivision (b).

(b) Relevancy conditioned on proof of connecting facts. Whenever the relevancy of evidence

depends upon proof of connecting facts, the court may admit the evidence upon or, in the court's

discretion, subject to, the introduction of proof sufficient to support a finding of the connecting

facts.

(c) Hearing of jury. Hearings on the admissibility of confessions in all criminal cases must

be conducted out of the hearing of the jury. Hearings on other preliminary matters in all cases

must be so conducted whenever a statute, rule, case law or 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) Evidence of weight or credibility. This rule does not limit the right of any party to

introduce before the jury evidence relevant to weight or credibility.

Last amended by Order dated November 13, 2020; effective July 1, 2021.

PART TWO

VIRGINIA RULES OF EVIDENCE

ARTICLE I. GENERAL PROVISIONS