ARTICLE I. GENERAL PROVISIONS
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, or subject to, the introduction of
evidence sufficient to support a finding of the fulfillment of the
(c) Hearing of Jury. Hearings on the admissibility of
confessions and evidence seized as a result of a search and seizure
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.
[Effective February 1, 1985; amended effective July 1, 1994.]