Preliminary Questions

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