Procedural Considerstions Flashcards
1
Q
Preliminary Facts Decided by Judge
A
Facts affecting the competency of the evidence (meaning, whether it is admissible under the rules of evidence) must be determined by the trial judge. For example, the judge decides:
* Is a witness mentally competent to testify?
* Does a privilege exist?
* Does the evidence meet the requirements of a hearsay exception?
