ME · rules
M.R. Evid. 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.
(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.
Provenance
- Source
- courts.maine.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
07e3102153c7938b79c998adb3e3a809ce0ddab82f0afe5b05703db26bc78592
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