KRE 104: Preliminary questions

(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) of this rule. 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 or the fruits of

searches conducted under color of law 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 and so

requests.

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

matter, become subject 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, including evidence of

bias, interest, or prejudice.