Rule 104 Preliminary Questions
| Library | The Illinois Rules of Evidence: A Color-Coded Guide (2019 Ed.) |
Rule 104. Preliminary Questions
(a) In General. The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege.
(b) Relevance That Depends on a Fact. 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.
(c) Conducting a Hearing So That the Jury Cannot Hear It. The court must conduct any hearing on a preliminary question so that the jury cannot hear it if:
(1) the hearing involves the admissibility of a confession;
(2) a defendant in a criminal case is a witness and so requests; or
(3) justice so requires.
(d) Cross-Examining a Defendant in a Criminal Case. By testifying on a preliminary question, a defendant in a criminal case does not become subject to cross-examination on other issues in the case.
(e) Evidence Relevant to Weight and Credibility. This rule does not limit a party's right to introduce before the jury evidence that is relevant to the weight or credibility of other evidence.
Rule 104. Preliminary Questions
(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, the court 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 be so conducted when the interests of justice require, or when an accused is a witness and so requests.
(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.
Cobige v. City of Chicago: A Primer for Thinking About and Applying the Rules of Evidence
Although it does not refer to Rule 104(a), the Seventh Circuit decision in Cobige v. City of Chicago, et al., 651 F.3d 780 (7th Cir. 2011), is instructive regarding the admissibility of evidence under both federal and Illinois rules. In that case, a jury awarded $5 million in compensatory damages and $4,000 in punitive damages to the plaintiff, who sued as the son and special representative of the estate of his mother. The mother, who had been arrested on a drug charge and was held in a police lockup before court presentation, was allowed by police to suffer untreated pain, ultimately leading to her death. The Seventh Circuit affirmed the jury's finding on liability, but vacated the damages award, ruling that the district court's evidentiary rulings had prejudiced the defendants' efforts to counter the plaintiff's testimony related to damages for loss of companionship and for loss of the enjoyment of life.
The plaintiff, who was 27 years old when his mother died...
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