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preserve a claim of error for appeal.
(c) Omitted.
(d) Preventing the Jury from Hearing Inadmissible Evidence. To the
extent practicable, the
court must conduct a jury trial so that inadmissible evidence is not
suggested to the jury by any
means.
(e) Taking Notice of Plain Error. A court may take notice of a plain
error affecting a substantial
right, even if the claim of error was not properly preserved.
-1- Last Updated: July 18, 2016
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) Omitted.
(d) Omitted.