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ARTICLE I. GENERAL PROVISIONS 

Table of Contents


Article I. General Provisions
Rule 103
Rule 104
Rule 105
Article II. Judicial Notice
Article III. Presumptions
Article IV. Relevancy and Its Limits
Article V. Privileges
Article VI. Witnesses
Article VII. Opinions and Expert Testimony
Article VIII. Hearsay
Article X. Contents of Writings, Recordings, 

and Photographs
Revised Rule 104. Preliminary Questions [changes highlighted] 

(a) 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).] Unless otherwise provided, preliminary questions shall be resolved by a preponderance of the evidence standard, except in civil cases where a preliminary determination overlaps with an ultimate issue for the fact finder, a prima facie standard shall be used. In making its determination [it] the court is not bound by the rules of evidence except those with respect 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 upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.] 

[(c)] (b) Hearing of jury. Hearings on the admissibility of confessions 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 re-quire, or when an accused is a witness and so requests. 

[(d)] (c) 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)] (d) Weight and credibility. This rule does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility. 

Revised Rule 104. Preliminary Questions [clean copy] 

(a) 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. Unless otherwise provided, preliminary questions shall be resolved by a preponderance of the evidence standard, except in civil cases where a preliminary determination overlaps with an ultimate issue for the fact finder, a prima facie standard shall be used. In making its determination the court is not bound by the rules of evidence except those with respect to privileges. 

(b) Hearing of jury. Hearings on the admissibility of confessions 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 re-quire, or when an accused is a witness and so requests. 

(c) 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. 

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

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