Preliminary questions

Q14824 / key B

Preliminary Questions: Judge May Consider Hearsay

selected 31010107 / source 31010107

Q14829 / key C

Preliminary Questions: Confession Hearing

selected 31010107 / source 31010107

Q14834 / key C

Preliminary Questions: Dying Declaration Foundation

selected 31010107 / source 31010107

Q14835 / key D

Preliminary Questions: Expert Qualification

selected 31010107 / source 31010107

Q14837 / key C

Preliminary Questions: Dying Declaration Hearing

selected 31010107 / source 31010107

Gold Key / Q14824

GK-EVIDENCE-PRELIM-HEARSAY-01

For a preliminary admissibility question, the judge may consider hearsay; FRE 104(a) frees the court from the evidence rules except privilege.

Gold Key / Q14824

GK-EVIDENCE-DYING-CIVIL-02

A federal dying declaration is not limited to homicide prosecutions; it may also apply in a civil case when the declarant is unavailable and believed death was imminent.

Silver Key / Q14824

SK-EVIDENCE-BANNER-DRONE-01

Lock the layer: the call asks what the judge may consider while ruling, not whether the affidavit is admissible to the jury.

Gold Key / Q14829

GK-EVIDENCE-PRELIM-CONFESSION-HEARING-01

A hearing on the admissibility of a confession is a mandatory outside-the-jury hearing under Rule 104(c); it is not left to ordinary preliminary-hearing discretion.

Proof drill / Q14824

Layer Lock

A party offers a hearsay affidavit only to help the judge decide admissibility. May the judge consider it?

Yes. Under FRE 104(a), the judge is not bound by evidence rules except privilege when deciding preliminary questions.

Proof drill / Q14829

Rule 104(c) Trigger

A defendant challenges an alleged confession and asks for a hearing outside the jury's presence. What hearing-location rule fires?

The confession-admissibility hearing must be conducted so the jury cannot hear it.

What this page must catch

Sending a FRE 104(a) admissibility ruling to the jury because facts are disputed.