Rule 104. Preliminary questions. - North Carolina Statutes

Rule 104. Preliminary questions.

(a)        Questions of admissibility generally. – Preliminaryquestions concerning the qualification of a person to be a witness, theexistence of a privilege, or the admissibility of evidence shall be determinedby the court, subject to the provisions of subdivision (b). In making itsdetermination it is not bound by the rules of evidence except those withrespect to privileges.

(b)        Relevancy conditioned on fact. – When the relevancy ofevidence depends upon the fulfillment of a condition of fact, the court shalladmit it upon, or subject to, the introduction of evidence sufficient tosupport a finding of the fulfillment of the condition.

(c)        Hearing of jury. – Hearings on the admissibility ofconfessions or other motions to suppress evidence in criminal trials inSuperior Court shall in all cases be conducted out of the hearing of the jury.Hearings on other preliminary matters shall be so conducted when the interestsof justice require or, when an accused is a witness, if he so requests.

(d)        Testimony by accused. – The accused does not, by testifyingupon a preliminary matter, subject himself to cross‑examination as toother issues in the case.

(e)        Weight and credibility. – This rule does not limit the rightof a party to introduce before the jury evidence relevant to weight orcredibility. (1983, ch. 701, s.1.)