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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.
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