FRE · Rule 104
FRE Rule 104 governs the preliminary questions concerning the admissibility of evidence, guiding judges on whether evidence can be considered by juries.
Source: FRE Rule 104
The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In making its determination, the court is not bound by evidence rules, except those on privileges.
FRE Rule 104 allows judges to determine if certain evidence can be admitted during a trial without being restricted by normal evidence rules. This rule focuses on preliminary matters, such as the qualifications of witnesses and the existence of privileges.
The purpose of this rule is to ensure that judges can assess evidence without being encumbered by the rules of evidence, particularly concerning the foundational aspects that affect admissibility.
This subsection allows the court to assess whether evidence is admissible, focusing on the qualifications of witnesses or whether evidence meets the required legal standards.
This subsection stipulates that when evidence is admissible only upon the introduction of additional evidence, the judge may determine whether there is sufficient evidence to allow the jury to consider it.
This case illustrates how Rule 104 was applied regarding the threshold questions of witness credibility and admissibility of evidence.
This case clarified that the standard for admissibility under Rule 104(b) involves whether a reasonable jury could find the foundational facts to support the admissibility of evidence.
FRE Rule 104 frequently appears on exams, particularly in questions involving evidence admissibility and foundational requirements for witness testimonies.