Preliminary Question of Admissibility.

Question 1

104(a) Questions of Admissibility Generally

Answer 1

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). In making
its determination it is not bound by the rules of evidence except those with respect to privileges.

Question 2

104(b) Relevancy Conditioned on Fact

Answer 2

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.

Question 3

Overview of FRE 104(a)

Answer 3

Question 4

Overview of FRE 104(b)

Answer 4

a. Conditional Relevancy- “When the relevancy the evidence depends upon the fulfillment of a condition of fact”

b. Relates to when there is a question of fact as to whether a document is relevant, eg whether it is authentic.

c. First presented to judge, who makes a determination based on whether a rational juror could find it authentic- based on whether there is “evidence sufficient to support a finding”. that the matter in question is what its proponenet claim. Controverting evidence is presented before the jury. [But note- when the rest of the evidence is presented, this could convince the judge that a reasonable juror could not find the document that is relevant in which case, you would move to strike]

d. Judge listes to only one side oof the story b efore ruling: the sponsoring proponent’s Doesnt matter if other side has very credible witnesses on the other side. This is a decision procedure. If the other side proves to be overwhemlingly persuasive, that other side can move to strike the exhibit. That’s just a risk you run.

e. There is no voir dire allowed under 104(b)