Rule 104

Question 1

Rule 104(b)

Answer 1

applies only to matters of conditional relevance

when the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist

the court may admit the proposed evidence on the condition that the proof be introduced later

Question 2

Conditional relevance

Answer 2

it is only relevant if some other fact is established

Question 3

Rule 104(a)

Answer 3

the judge has discretion to decide whether evidence is admissible