Also known as: FRE 104 · Fed. R. Evid. 104 · Federal Rule of Evidence 104 · Rule 104(a) · Rule 104(b)
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A procedural rule that assigns to the court the determination of preliminary questions concerning the qualification of a witness, the existence of a privilege, or the admissibility of evidence. The court is not bound by the rules of evidence except those concerning privilege. When relevance depends on a condition of fact the court admits the evidence upon a showing sufficient for a reasonable juror to find the condition and leaves the ultimate finding to the jury.
A procedural rule that assigns to the court the determination of preliminary questions concerning the qualification of a witness, the existence of a privilege, or the admissibility of evidence. The court is not bound by the rules of evidence except those concerning privilege. When relevance depends on a condition of fact the court admits the evidence upon a showing sufficient for a reasonable juror to find the condition and leaves the ultimate finding to the jury.
Prosecutors charge Carla with embezzlement and offer records from her prior job showing she manipulated returns to pocket cash. The records are offered to rebut her claim of innocent register errors. The judge finds enough evidence for a reasonable juror to conclude Carla committed the prior acts and admits the evidence after balancing probative value against unfair prejudice.
A regulation under the Securities Exchange Act that permits underwriters to engage in stabilizing purchases to prevent or retard a decline in the market price of a security during a distribution. The rule imposes disclosure obligations to purchasers and requires that independent bids at the same price receive priority.
Underwriters begin a public offering of stock. To keep the trading price from falling below the offering price they purchase shares in the open market. They disclose the possibility of stabilization in the prospectus and give priority to independent bids at the same price.
A regulation under the Securities Exchange Act that permits underwriters to engage in stabilizing purchases to prevent or retard a decline in the market price of a security during a distribution. The rule imposes disclosure obligations to purchasers and requires that independent bids at the same price receive priority.
Each sense below has its own examples, sources, and questions.
The government offers a co-conspirator statement against the defendant. The court must decide whether a conspiracy existed and whether the defendant participated. The judge resolves these preliminary facts by a preponderance of the evidence using any evidence including hearsay and admits the statement.
A party claims the crime-fraud exception defeats attorney-client privilege over certain documents. The court conducts an in-camera review of the documents to decide whether the exception applies and whether the documents may be disclosed.
The prosecution offers a statement against penal interest made by an unavailable declarant. The court decides as a preliminary matter whether the statement is sufficiently trustworthy under the exception and admits it after finding the required corroboration.
In a diversity action the defendant objects that a witness lacks personal knowledge. The federal district court applies the federal rule governing preliminary questions to decide whether the witness may testify rather than looking to state evidence law.
The court decides preliminary questions of admissibility by a preponderance of the evidence. It may consider any evidence including hearsay except when a privilege is at issue.
Relevance is conditional when the evidence is relevant only if another fact exists. The judge decides whether sufficient evidence supports a finding that the condition is met and may admit the evidence subject to later proof. The jury ultimately decides whether the condition is satisfied.
The court may not consider material protected by privilege even when deciding preliminary questions. The privilege exception in Rule 104(a) binds the court itself.
No. The court need only find sufficient evidence for a reasonable juror to conclude the defendant committed the prior act. The judge then balances probative value against unfair prejudice under Rule 403.
…declarant and the nonoffering party, and that the statement was made "during the course and in furtherance of the conspiracy." Federal Rule of Evidence 104(a) provides: "Preliminary questions concerning . . . the admissibility of evidence shall be determined by the court." Petitioner and the Government agree that the existence of a conspiracy…