60-408. Preliminary inquiry by judge.
60-408
60-408. Preliminary inquiry by judge.When the qualification of a person to be a witness, or the admissibilityof evidence, or the existence of a privilege is stated in this article tobe subject to a condition, and the fulfillment of the condition is in issue,the issue is to be determined by the judge, and he or she shall indicate tothe parties which one has the burden of producing evidence and the burdenof proof on such issue as implied by the section under which the questionarises. The judge may hear and determine such matters out of the presenceor hearing of the jury, except that on the admissibility of a confession ofthe accused in a criminal case, the judge, if requested, shall hear anddetermine the question out of the presence and hearing of the jury. Butthis section shall not be construed to limit the right of a party tointroduce before the jury evidence relevant to weight or credibility.
History: L. 1963, ch. 303, 60-408; Jan. 1, 1964.