2.04.060 [Rule 3] Preliminary Questions

(a) Questions of Admissibility Generally. Preliminary questions concerning the qualifications 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 of this Rule. In making its determination, the Court is not bound by the Rules of Evidence except those pertaining to privileges.

(b) Relevancy Conditioned on Fact. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the Court shall admit it subject to the introduction of evidence sufficient to support a finding that the condition of fact was fulfilled.

(c) Hearing of the Jury. Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearing on other preliminary matters shall be conducted when the interests of justice require, or when an accused is a witness and requests a hearing.

(d) 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.

(e) Weight and Credibility. This Rule does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.