RELEVANCE

104

Preliminary Questions 

(a) Questions of Admissibility Generally. Preliminary questions concerning qualification of person to be witness, privilege, or admissibility of evidence shall be determined by the court, subject to provision of subdivision (b). In making determination it is not bound by rules of evidence except those with respect to privilege.

(b) Relevancy Conditioned on Facts. When relevancy of evidence depends on fulfillment of condition of fact, court shall admit it upon, or subject to, introduction of evidence sufficient to support finding of fulfillment of condition. 

RELEVANCE

401 

Definition of "Relevant Evidence"

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

402

Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible

All relevant evidence is admissible, except as otherwise provided by Constitution, Congress, these rules, or other rules prescribed by Sup. Ct. pursuant to statutory authority. 

Evidence which is not relevant is not admissible.

RELEVANCE

403

Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion or Waste of Time 

Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of: 

• unfair prejudice
• confusion of issues
• misleading the jury
• considerations of undue delay
• waste of time
• needless presentation of cumulative evidence 

RELEVANCE 

407

Subsequent Remedial Measures

When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of subsequent measures is not admissible to prove: 

• negligence
• culpable conduct
• defect in product or its design
• need for warning or instruction 

But court may admit evidence for another purpose, such as impeachment or--if disputed--proving ownership, control, or feasibility of precautionary measures.  

RELEVANCE

408

Compromise Offers and Negotiations

(a) Prohibited Uses. Evidence of the following is not admissible on behalf of any party either to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction: 

(1) furnishing, promising, or offering--or accepting, promising to accept, or offering to accept--a valuable consideration in order to compromise the claim; and

(2) conduct or a statement made during compromise negotiations about the claim--except when offered in a criminal case and when negotiations related to claim by public office in exercise of its regulatory, investigative, or enforcement authority.

(b) Exceptions. Court may admit this evidence for another purpose, such as proving witness' bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution. 

HEARSAY RULE 

801

Definitions

(a) Statement. A statement is:

(1) an oral or written assertion or

(2) nonverbal conduct of a person, if it is intended by the person as an assertion.

(b) Declarant. A declarant is a person who makes a statement.

(c) Hearsay. Hearsay is a statement, other than one made by declarant while testifying at a trial or hearing, offered in evidence to prove the truth of the matter asserted. 

HEARSAY RULE 

802

Hearsay Rule

Hearsay is not admissible except as provided by these rules or by other rules prescribed by the Sup. Ct. pursuant to statutory authority or by Congress. 

• perception
• ambiguity
• insincerity
• memory 

Evidence Admitted to Prove Something Else 

(not hearsay) 

• circumstantial evidence of state of mind
• effect on listener
• knowledge or notice
• words of ind. legal significance