RULE 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

[Deleted effective September 1, 2006.]