Ind. Evidence Rule 104

Effective January 1, 2014

(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 is not present and

cannot hear 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.