W.R.E. 104

(a) Questions of admissibility generally. — Preliminary questions concerning the

qualification of a person to be a witness, the existence of a privilege, or the admissibility

of evidence shall be determined by the court, subject to the provisions of subdivision (b).

In making its determination it is not bound by the rules of evidence except those with

respect to privileges.

(b) Relevancy conditioned on fact. — When the relevancy of evidence depends upon

the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the

introduction of evidence sufficient to support a finding of the fulfillment of the condition.

(c) Hearing of jury. — Hearings on the admissibility of confessions shall in all cases

be conducted out of the hearing of the jury. Hearings on other preliminary matters shall

be so conducted when the interests of justice require or, when an accused is a witness,

if he so requests.

(d) Testimony by accused. — The accused does not, by testifying upon a preliminary

matter, subject himself to cross-examination as to other issues in the case.

(e) Weight and credibility. — This rule does not limit the right of a party to introduce

before the jury evidence relevant to weight or credibility.