Best Medical Malpractice & Negligence Lawyers in Gadsden, AL

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 section (b). In making its determination it is not bound by the rules of evidence except those with respect to privileges. Stewart’s Comments: (a) Whether evidence is admissible may depend on “preliminary questions” or facts. If so, the judge makes the determination of those preliminary questions or facts and in making such a determination, the judge may consider inadmissible evidence to decide whether the evidence sought to be admitted is legally admissible. For example, the judge may have to determine whether the witness has firsthand knowledge of what he is testifying about or is the testimony merely attempting restate what someone else observed (i.e., hearsay). The judge may also be required to determine whether a privilege (like attorney-client privilege or counselor-patient privilege) applies based on the circumstances surrounding the communication.