Also known as: FRE 401 · Fed. R. Evid. 401 · Federal Rule of Evidence 401 · relevant evidence · relevance
Written by attorneys · grounded in primary & secondary sources — see below
A standard for determining whether evidence is relevant that requires the evidence to have any tendency to make a fact of consequence in the action more or less probable than it would be without the evidence.
Raphael Rivera stood trial for robbery after an earlier acquittal on the same charges. The prosecution offered a witness who identified Rivera as the perpetrator based on a distinctive tattoo. The court considered the testimony relevant under Rule 401 because it tended to prove the identity of the person who committed the act, a fact of consequence, though double-jeopardy principles ultimately barred retrial.
Rosalind Reed and Ralph Richardson submitted a separation agreement dividing their marital assets. Rosalind offered bank records showing her limited income at the time of signing. The court found the records relevant because they tended to prove her economic circumstances, a fact of consequence in deciding whether the agreement was unconscionable.
Select any source to read its text and confirm it supports the definition.
Rowan Russell faced charges for a shooting. The prosecution offered evidence that Rowan owned a gun of the same caliber used in the crime. The court admitted the evidence on the condition that the prosecution later prove Rowan possessed the specific weapon at the time of the shooting, because ownership alone tended to make possession more probable only if that preliminary fact existed.
Renee Rogers challenged a will leaving property to a charity. The proponent offered letters the testator wrote expressing concern for the charity's work. The court admitted the letters because they tended to prove the testator's intention regarding the disposition, a fact of consequence in construing the donative document.
Regina Robinson sued a manufacturer after suffering an injury. Her expert witness linked the product defect to her condition using epidemiological studies. The court excluded the opinion because the studies did not tend to prove causation for this specific injury, leaving too great a gap between the data and the conclusion offered.
Rising Sun Electronics faced liability for a defective product. The plaintiff offered evidence of a prior similar incident involving the same model. The court admitted the evidence because it tended to make the existence of a design defect more probable than it would be without the evidence, a fact of consequence in the negligence claim.
Evidence must tend to make a fact more or less probable than it would be without the evidence. The fact must also be of consequence in determining the action.
Yes. Rule 401 requires only that the evidence make the fact more or less probable. Concession does not remove the fact from being of consequence in the action.
When relevance depends on a preliminary fact, the proponent must introduce sufficient proof for a jury to find that fact exists. The court may admit the evidence subject to later proof of the connecting fact.
Yes. Rule 403 permits exclusion when the probative value is substantially outweighed by dangers such as unfair prejudice or confusion of the issues.
…guarantees of the Bill of Rights, the Court refers to the Ninth Amendment, ante , at 484. I add these words to emphasize the relevance of that Amendment to the Court's holding. The Court stated many years ago that the Due Process Clause protects those liberties that are "so rooted in the traditions and conscience of our…