Preliminary Questions

(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) Concluding 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 or evidence seized as a result of a search and seizure; (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. COMMENT ON RULE 104 Rule 104 is largely taken from its federal counterpart. The revised rule is substantively the same as the current state rule and the changes are merely stylistic. Language was added to 104(c)(1) in accordance with the requirement that hearings on the admissibility of evidence seized as a result of a search and seizure must be held out of the presence of the jury. Rule 105. Limiting Evidence That is Not Admissible Against Other Parties or for Other Purposes If the court admits evidence that is admissible against a party or for a purpose — but not against another party or for another purpose — the court, on timely request, must restrict the evidence to its proper scope and instruct the jury accordingly. COMMENT ON RULE 105 Rule 105 is taken verbatim from its federal counterpart. The revised rule is substantively the same as the current state rule and the changes are merely stylistic. Rule 106. Remainder of or Related Writings or Recorded Statements If a party introduces all or part of a writing or recorded statement, an adverse party may request the introduction, at that time, of any other part — or any other writing or recorded statement — that in fairness ought to be considered at the same time. COMMENT ON RULE 106 Rule 106 is taken verbatim from its federal counterpart, except for the use of the term "request" instead of "require" in the first sentence. The trial court should limit the introduction, by an adverse party, of any other part of a writing or recorded statement to information that is relevant or assists the jury in placing the writing or recorded statement in context. The adverse party does not have the absolute right to place the entire writing or recorded statement in evidence. ARTICLE II. JUDICIAL NOTICE