Rule 104 — Preliminary Questions

Fed. R. Evid. 104

• Source: Federal Rules of Evidence
• Rule: 104
• ARTICLE I: GENERAL PROVISIONS
• Citation: Fed. R. Evid. 104

Text

(a) IN GENERAL. The court must decide any preliminary question
about whether a witness is qualified, a privilege exists, or evi-
dence is admissible. In so deciding, the court is not bound by evi-
dence 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 intro-
duced 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;
(2) a defendant in a criminal case is a witness and so re-
quests; or
(3) justice so requires.
(d) CROSS-EXAMINING A DEFENDANT IN A CRIMINAL CASE. By testi-
fying 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 evi-
dence that is relevant to the weight or credibility of other evi-
dence.

Advisory Committee Notes

(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 2011.)