Tex. R. Evid. 104

Preliminary Questions

sha256 f127f5da61bfed7db7fbed167ef64aff… · retrieved 7/15/2026, 8:29:32 PM · Supreme Court of Texas official rules PDF — txcourts.gov, verbatim · verified 8/5/2026 by TXEV-1 July reconcile (artifact-proven, dual-sourced)

Rule 104. Preliminary Questions
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(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 in a criminal case;
(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 outside the jury’s
hearing 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.

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