Evidence and Admissibility
Foundations
Rule 104(b) permits admission where relevance depends on a fact, subject to later introduction of evidence supporting that fact. Failure to connect permits a motion to strike.
The court may admit subject to connection at its discretion.
Alternative Names:
Conditional Relevance|Subject to Connection
Why it Matters?
Moving to strike when the connection fails is the step counsel forgets, since evidence admitted conditionally remains before the jury unless the failure is raised and a curative instruction requested. Tracking conditionally admitted evidence through trial is a practical necessity. From the proponent's side, sequencing testimony to establish the predicate first avoids the risk entirely.
Frequently Confused with
Related terms
Frequently asked questions
What happens if the connection fails?
How does the proponent avoid the risk?
