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Rule 104. Preliminary Questions

Arizona Revised Statutes AnnotatedRules of Evidence for Courts in the State of Arizona

Arizona Revised Statutes Annotated
Rules of Evidence for Courts in the State of Arizona (Refs & Annos)
Article I. General Provisions
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
State Court Rules are current with amendments received and effective through 5/15/22. The Code of Judicial Administration is current with amendments received through 5/15/22.
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