Current through Register Vol. 54, No. 16, April 20, 2024
Rule 104 - 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)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 evidence alleged to have been obtained in violation of the defendant's rights;(2) a defendant in a criminal case is a witness and so requests; or(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)Weight and Credibility. Even though the court rules that evidence is admissible, this does not preclude a party from offering other evidence relevant to the weight or credibility of that evidence.The provisions of this Rule 104 amended March 29, 2001, effective 4/1/2001, 31 Pa.B. 1993; amended March 29, 2005, effective 5/2/2005, 35 Pa.B. 2209; amended May 15, 2007, effective 6/15/2007, 37 Pa.B. 2492; amended January 23, 2009, effective immediately, 39 Pa.B. 410; rescinded and replaced January 17, 2013, effective in sixty days, 43 Pa.B. 620.