(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 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.
(As amended Mar. 2, 1987, eff.** Oct. 1, 1987.)
added in current removed in current
Compared to current version (2025).
(a) Questions of admissibility generally.-Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibilityIn General. The court must decide any preliminary question about whether a witness is qualified, a privilege exists, ofr evidence shall be determined by the court, subject to the provisions of subdivision (b). In making its determination iis admissible. In so deciding, the court is not bound by the rules of evidence rules, except those with respect ton privileges.
(b) Relevancy conditionede That Depends on fa Fact.- When the relevancye of evidence depends upon twhe fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidencether a fact exists, proof must be introduced sufficient to support a finding ofthat the fulfillment of the condition.
(c) Hearing of jury.-Hearings on the admissibility of confessions shall in all cases be conact does exist. The court may admit the proposed evidence on the condition that the proof be introducted out of the hearing oflater.
(c) Conducting a Hearing So That the jJury. Hearings on other preliminary matters shall be so conducted when the interests of justice require, or wh 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 defen dan accut in a criminal cased is a witness and so requests.; or
(d3) Tejustimony by accused.-The accused does not, bce so requires.
(d) Cross -Examining a Defendant in a Criminal Case. By testifying upon a preliminary matter,question, a defendant in a criminal case does not become subject to cross-examination as ton other issues in the case.
(e) Evidence Relevant to Weight and cCredibility.- This rule does not limit the right of a partya party’s right to introduce before the jury evidence that is relevant to the weight or credibility of other evidence.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 2011.)