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Rule 104. Preliminary Questions

Arizona Revised Statutes AnnotatedRules of Evidence for Courts in the State of ArizonaEffective: September 1, 2019

Arizona Revised Statutes Annotated
Rules of Evidence for Courts in the State of Arizona (Refs & Annos)
Article I. General Provisions
Effective: September 1, 2019
Arizona 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;
(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 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.

Credits

Amended Oct. 19, 1988, effective Nov. 1, 1988; Sept. 8, 2011, effective Jan. 1, 2012.
17A Pt. 1 A. R. S. Rules of Evid., Rule 104, AZ ST REV Rule 104
Current with amendments received through 11/1/2020.
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