Ohio Evid. R. 104 (2026)

(A) Questions of admissibility generally

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.

(B) Relevancy conditioned on fact

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.

(C) Hearing of jury

Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall also be conducted out of the hearing of the jury when the interests of justice require.

(D) Testimony by accused

The accused does not, by testifying upon a preliminary matter, become subject to cross- examination as to other issues in the case.

(E) Weight and credibility

This rule does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.

Effective Date: July 1, 1980 Amended: July 1, 2007