Preliminary questions about privilege: In deciding preliminary questions about witness qualification, privilege, or admissibility, the court is bound by which rules?

• A. All evidence rules
• B. No rules
• C. Only privilege rules
• D. Hearsay rules

Answer: (C)

The important idea is that when the court faces preliminary questions about witness qualification, privilege, or admissibility, it must rely on the privilege rules to resolve those issues. Privilege rules define what communications or relationships are legally confidential and who may claim that confidentiality. Because these questions hinge on whether something is privileged, the court’s ruling is governed by those privilege standards. Once privilege is addressed, other evidentiary rules come into play for the remaining admissibility or competency questions, but the initial determination about privilege itself is governed by privilege law. That’s why the best choice is that the court is bound by privilege rules.