{"data":{"id":"us-ky/kre-104","jurisdiction":"us-ky","citation":"KRE 104","heading":"Preliminary questions","body":"(a) Questions of admissibility generally. Preliminary questions concerning the\nqualification of a person to be a witness, the existence of a privilege, or the\nadmissibility of evidence shall be determined by the court, subject to the provisions\nof subdivision (b) of this rule. In making its determination it is not bound by the\nrules of evidence except those with respect to privileges.\n(b) Relevancy conditioned on fact.  When the relevancy of evidence depends upon the\nfulfillment of a condition of fact, the court shall admit it upon, or subject to, the\nintroduction of evidence sufficient to support a finding of the fulfillment of the\ncondition.\n(c) Hearing of jury.  Hearings on the admissibility of confessions or the fruits of\nsearches conducted under color of law shall in all cases be conducted out of the\nhearing of the jury. Hearings on other preliminary matters shall be so conducted\nwhen the interests of justice require, or when an accused is a witness and so\nrequests.\n(d) Testimony by accused.  The accused does not, by testifying upon a preliminary\nmatter, become subject to cross-examination as to other issues in the case.\n(e) Weight and credibility.  This rule does not limit the right of a party to introduce\nbefore the jury evidence relevant to weight or credibility, including evidence of\nbias, interest, or prejudice.","path":["KENTUCKY RULES OF EVIDENCE ----- Legislative Research Commission Note (7/1/92). Although denominated \"rules,\" the elements of the Kentucky Rules of Evidence were enacted as statutes by the Kentucky General Assembly. See 1990 Ky. Acts ch. 88; 1992 Ky. Acts ch. 324. Originally codified as KRS Chapter 422A in 1990, the Kentucky Rules of Evidence were renumbered by the Reviser of Statutes, effective July 1, 1992, pursuant to 1992 Ky. Acts ch. 324, sec. 34. By an order dated May 12, 1992, the Kentucky Supreme Court \"adopt[ed] so much of the Kentucky Rules of Evidence as enacted by HB 241 [1992 Ky. Acts ch. 324] as comes within the rule making power of the Court, pursuant to Ky. Const. sec. 116.\""],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=20356","current_through":"Includes enactments through the 2026 Regular Session","vintage":"10/17/2026","retrieved_at":"2026-10-18T05:34:26Z","sha256":"9449fb72aea02f5fa0cc496f344e497522ab49b3b8a58c86b00bd2f33cb51140","source_id":"us-ky","stale":false,"prev":"us-ky/kre-103","next":"us-ky/kre-105","notices":[{"id":"kentucky","title":"Kentucky publisher statement","text":"The Kentucky Legislative Research Commission states that commercial use of records on its site requires an agreement. GroundRules is free and republishes only enacted text, but this release grants no broader rights over that source.","url":"https://legislature.ky.gov/Law/Statutes/Pages/default.aspx"}]},"notice":"GroundRules: Original legal text. Not legal advice."}