During preliminary questions, who decides conditional relevance such as the authenticity of documents?

• A. Judge
• B. Jury
• C. Both
• D. Neither

Answer: (B)

When the relevance of evidence depends on a separate fact existing, that fact is determined by the jury. Under the rules, the judge handles admissibility questions, but if the specific condition that makes the evidence relevant is a factual matter, the jury decides that fact.

Authenticity of a document is exactly such a condition. A document must be genuine to be admissible or to have any weight, and whether it is authentic is a factual question presented by the parties through testimony and documents. The judge may allow the evidence to be considered and may instruct the jury on how authenticity affects admissibility, but the actual determination of whether the document is what it purports to be rests with the jury.

So, in this scenario, the jury decides conditional relevance like document authenticity.