---
kind: "section"
citation: "29 C.F.R. § 18.104"
title: "29"
number: "18.104"
heading: "Preliminary questions."
url: "https://uscodex.org/cfr/29/18.104"
---

# §18.104. Preliminary questions.

- (a) **Questions of admissibility generally.** 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 judge, subject to the provisions of [paragraph (b)](#b) of this section. In making such determination the judge is not bound by the rules of evidence except those with respect to privileges.
- (b) **Relevance conditioned on fact.** When the relevancy of evidence depends upon the fulfillment of a condition of fact, the judge shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.
- (c) **Weight and credibility.** This rule does not limit the right of a party to introduce evidence relevant to weight or credibility.

## Notes

### Source

Source: 55 FR 13219, Apr. 9, 1990, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301; 5 U.S.C. 551-553; 5 U.S.C. 571 note; E.O. 12778; 57 FR 7292.

### Source

Source: 48 FR 32538, July 15, 1983, unless otherwise noted.