Relevance and the Federal Rules of Evidence: Rules 401, 402 and 403

Scope and purpose

Rule 101(a) states: “These rules apply to proceedings in United States courts.” Rule 102 says they “should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination.” Most states have evidence codes modeled on the federal rules.

What is relevant

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.

Fed. R. Evid. 401

The bar is low. Under Rule 402, “Relevant evidence is admissible unless any of the following provides otherwise,” and “Irrelevant evidence is not admissible.”

Excluding relevant evidence

The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

Fed. R. Evid. 403

Character evidence is a common example. Rule 404(a)(1) says evidence of a person’s character “is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.”

Constitutional limits

Some evidence is excluded by the Constitution. In Mapp v. Ohio, 367 U.S. 643, 655 (1961), the Court held that “all evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, inadmissible in a state court.”

Researching Federal Rules of Evidence in your state

First, find the statute or rule that governs Federal Rules of Evidence where you live. State law controls most of these questions, so the answer can change from one state to the next. Next, read recent decisions from the appellate courts in your state. They show how judges apply the law today. Also, check the local rules of the court that would hear your case. Our state procedures guide links to each state’s official rules. In addition, the Research Center explains how to confirm a source is still good law.

Sources and further reading

Official sources used on this page:

• law.cornell.edu
• law.cornell.edu
• law.cornell.edu
• static.case.law

Related reading on Lawtopolis:

• The Hearsay Rule and Its Exceptions
• Burdens of Proof: Preponderance, Clear and Convincing, Beyond a Reasonable Doubt
• Authentication, Self-Authenticating Records and the Best Evidence Rule