RELEVANCE (R)

FRE 402

All evidence introduced at trial must pass the relevancy threshold. If an item of evidence is not relevant to any matter at issue in the case, then it is objectionable as having a lack of relevance. “Relevant evidence” is evidence that (1) relates to a fact of consequence to the case and (2) tends to make that fact more or less probable.

Examples

FRE 401. Test for Relevant Evidence

Evidence is relevant if:

(a) it has any tendency to make a fact more or less probable than it would be without the evidence; and
(b) the fact is of consequence in determining the action.

FRE 402. General Admissibility of Relevant Evidence

Irrelevant evidence is not admissible.

Summary

The rule is written with a presumption that all evidence is relevant – “all relevant evidence is admissible except…” “Relevant evidence” means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. Relevance involves both materiality and probative value. In the wise words of McCormick on Evidence, “Materiality looks to the relation between the propositions for which the evidence is offered and the issues in the case. Probative value deals with the tendency of the evidence to establish the proposition that it is offered to prove.”

The threshold under Rule 401 is very low. The degree of materiality and probativity necessary for the evidence to be considered relevant is minimal.

Even though a piece of evidence may be relevant, it can still be excluded under Rule 403 as cumulative, prejudicial, or confusing.

Case Law (Relevance)