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.
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.
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:
the hearing involves the admissibility of a confession;
a defendant in a criminal case is a witness and so requests; or
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.
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.
[Pub. L. 93–595, § 1], Jan. 2, 1975, [88 Stat. 1930]; Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 2011.)