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The procedure usually calls for the determination to be made outside the presence of the jury. The general view is that only admissible evidence may be used. The federal rule allows any nonprivileged evidence such as hearsay to determine the admissibility of other evidence. The jury plays a role in preliminary fact determinations. When the preliminary fact affects the relevance, weight, or credibility of evidence, the trial judge determines only whether there has been a minimal showing of the preliminary fact. The ultimate decision about the determination of the fact is in the hands of the jury.

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