Hearings on the admissibility of confessions in criminal cases shall be conducted out of the hearing of the jury. Whenever the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or in the court's discretion subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition. In making its determination it is not bound by the rules of evidence except those with respect to privileges. 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 subdivision (b). (a) Questions of Admissibility Generally.
Nothing in this rule precludes taking notice of errors affecting substantial rights although they were not brought to the attention of the court. In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury. It may direct the making of an offer in question and answer form. The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked. In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context or Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence, to the end that the truth may be ascertained and proceedings justly determined. These rules govern proceedings in the courts of this state to the extent and with the exceptions stated in Rule 1101. The "Uniform Rules of Evidence" in this chapter are adopted for proceedings in the courts of this state. Title 16 - Practice, Procedure, And Courts
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