Rule 11-104 Preliminary questions.
ARTICLE 1 General Provisions
Rule Text
A. In general. The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence 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 introduced 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 requests, or
(3) justice so requires.
D. Cross-examining a defendant in a criminal case. By testifying 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 evidence that is relevant to the weight or credibility of other evidence.
Amendment history: As amended, effective December 1, 1993; as amended by Supreme Court Order No. 12-8300-015, effective for all cases pending or filed on or after June 16, 2012. Adopted by Supreme Court Order No. 12-8300-015, effective for all cases pending or filed on or after June 16, 2012.