Preliminary Questions In General: The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In such decisions, the court is not bound by evidence rules, except those on privilege. Which statement is true?

• A. The court must follow all evidence rules strictly
• B. The court must decide prelim questions about witness qualification, privilege, or admissibility, and is not bound by evidence rules except privilege
• C. The jury decides preliminary questions
• D. Preliminary questions must be decided only after trial begins

Answer: (B)

The main concept is that the court handles preliminary questions about whether a witness is qualified, whether a privilege exists, or whether evidence is admissible, and it may consider information not admissible at trial to resolve those questions. In this process, the court is not bound by the usual evidence rules, except when a privilege is at issue. This means the judge can evaluate credentials, privilege claims, and admissibility issues using a broader view than what would be allowed for proving the facts at trial. If a matter falls under privilege, the applicable privilege rules govern and protect disclosure. The jury does not decide these preliminary questions; their role comes later in determining weight and credibility after the issues of qualification, privilege, and admissibility are settled. Preliminary questions can be addressed before or during trial, not only after trial begins.