Download as PDF
Rule 104 Preliminary questions
(a)
(b)
(c)
(d)
(e)
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 subdivision (b) of this rule. In making its determination it is not
bound by the rules of evidence except those with respect to privileges.
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.
Hearing of jury. Hearings on the admissibility of confessions or the fruits of
searches conducted under color of law 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.
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.
Weight and credibility. This rule does not limit the right of a party to introduce
before the jury evidence relevant to weight or credibility, including evidence of
bias, interest, or prejudice.
Effective:July 1, 1992
History: Enacted 1990 Ky. Acts ch. 88, sec. 4; amended 1992 Ky. Acts ch. 324,
sec. 2; renumbered (7/1/92) pursuant to 1992 Ky. Acts ch. 324, sec. 34.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.