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Texas Rules of Evidence Rule 104

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 the admissibility of a confession in a criminal case;


(2) a defendant in a criminal case is a witness and so requests; or


(3) justice so requires.


(d) Cross-Examining a Defendant in a Criminal Case. By testifying outside the jury’s hearing on a preliminary question, a defendant in a criminal case does not become subject to cross-examination on other issues in the case.


(e) Evidence Relevant to Weight and Credibility. This rule does not limit a party’s right to introduce before the jury evidence that is relevant to the weight or credibility of other evidence.


History: Added Feb. 25, 1998, eff. March 1, 1998; amended effective April 1, 2015

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