AI in Judicial EducationExploratory Project
Article I. General Provisions

Rule 104. Preliminary Questions

Effective January 1, 2014

See Rule 104 on the heat map

(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.

Opinions in this dataset that cite Rule 104

No opinion in this dataset is coded as citing this rule.

Source: the Indiana Rules of Evidence, reproduced for browsing. Rule text as supplied, including the amendment to Rule 103(b) effective July 1, 2026 (Order, Cause No. 26S-MS-8); other rules carry their own effective dates. This is an unofficial copy; check the official text before relying on it. Not legal advice.