# ER 104: Rule 104. Preliminary Questions

> Washington · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_WA_ER_R104

## Section

- **Citation:** ER 104
- **Heading:** Rule 104. Preliminary Questions
- **Jurisdiction:** Washington
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Washington Court Rules / Rules of General Application / Rules of Evidence / ER 104

## Text

ER 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 section (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 be so
conducted when 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) Weight and Credibility. This rule does not limit the right of a party to introduce
before the jury evidence relevant to weight or credibility.

[Amended effective September 1, 1992.]

Comment 104

## Nearby sections

- [ER 101 Rule 101. Scope](https://www.frixlaw.com/law-library/statutes/SRULES_WA_ER_R101.md)
- [ER 102 Rule 102. Purpose and Construction](https://www.frixlaw.com/law-library/statutes/SRULES_WA_ER_R102.md)
- [ER 103 Rule 103. Rulings on Evidence](https://www.frixlaw.com/law-library/statutes/SRULES_WA_ER_R103.md)
- [ER 104 Rule 104. Preliminary Questions](https://www.frixlaw.com/law-library/statutes/SRULES_WA_ER_R104.md)
- [ER 105 Rule 105. Limited Admissibility](https://www.frixlaw.com/law-library/statutes/SRULES_WA_ER_R105.md)
- [ER 106 Rule 106. Remainder of or Related Writings or Recorded Statements](https://www.frixlaw.com/law-library/statutes/SRULES_WA_ER_R106.md)
- [ER 201 Rule 201. Judicial Notice of Adjudicative Facts](https://www.frixlaw.com/law-library/statutes/SRULES_WA_ER_R201.md)
- [ER 301 Rule 301. Presumptions in General in Civil Actions and Proceedings (Reserved)](https://www.frixlaw.com/law-library/statutes/SRULES_WA_ER_R301.md)
- [ER 302 Rule 302. Applicability of State Law in Civil Actions and Proceedings (Reserved)](https://www.frixlaw.com/law-library/statutes/SRULES_WA_ER_R302.md)
- [ER 401 Rule 401. Definition of "Relevant Evidence"](https://www.frixlaw.com/law-library/statutes/SRULES_WA_ER_R401.md)
- [ER 402 Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible](https://www.frixlaw.com/law-library/statutes/SRULES_WA_ER_R402.md)
- [ER 403 Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time](https://www.frixlaw.com/law-library/statutes/SRULES_WA_ER_R403.md)
- [ER 404 Rule 404. Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes](https://www.frixlaw.com/law-library/statutes/SRULES_WA_ER_R404.md)
- [ER 405 Rule 405. Methods of Proving Character](https://www.frixlaw.com/law-library/statutes/SRULES_WA_ER_R405.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_WA_ER_R104. Check the current official text before relying on it. Not legal advice.