Relevance (Evidence)

Relevance (Evidence)

Relevance (Evidence)

Evidence is relevant if it has any tendency to make a fact of consequence more or less probable. The threshold is deliberately low, requiring only some logical connection rather than substantial proof.

Relevant evidence is generally admissible unless excluded by another rule, and irrelevant evidence is never admissible.

Alternative Names:

Relevant Evidence, FRE 401 Relevance

Why it Matters?

Relevance rarely decides evidentiary fights, because the bar is so low that most disputed material clears it. The real contest is at the balancing stage, where relevant evidence is excluded because its prejudicial effect substantially outweighs its probative value. Framing an objection as relevance when the actual concern is prejudice usually loses.

Frequently asked questions

How low is the relevance threshold?

How low is the relevance threshold?

Very low. Evidence needs only any tendency to make a consequential fact more or less probable, not to establish it.

How does trial relevance differ from discovery relevance?

How does trial relevance differ from discovery relevance?

Discovery relevance is broader, extending to information reasonably calculated to lead to admissible evidence, and is now constrained mainly by proportionality.