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The provisions that all relevant evidence is admissible, with certain exceptions, and that evidence which is not relevant is not admissible are “a presupposition involved in the very conception of a rational system of evidence.”
Federal Rule of Evidence 402 delineates the admissibility of evidence in federal court, primarily based on relevance. Relevant evidence is generally admissible unless a specific law or rule dictates otherwise.
Rule 402. General Admissibility of Relevant Evidence. Relevant evidence is admissible unless any of the following provides otherwise: • the United States Constitution; • a federal statute; • these rules; or • other rules prescribed by the Supreme Court. Irrelevant evidence is not admissible.
Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible. All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by Act of Congress, by these rules, or by other rules prescribed by the Supreme Court pursuant to statutory authority.
When considering relevancy objections, courts have to consider whether: (1) the evidence is generally relevant under Federal Rule of Evidence 401 and 402; and (2) does Federal Rule of Evidence 403 considerations prevent admission?
Relevant evidence is admissible unless any of the following provides otherwise: the United States Constitution; a federal statute; these rules; or. other rules prescribed by the Supreme Court. Irrelevant evidence is not admissible. (Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1931; Apr. 26, 2011, eff. Dec. 1, 2011.)
This document contains the Federal Rules of Evidence, as amended to December 1, 2020. The rules were enacted by Public Law 93–595 (approved January 2, 1975) and have been amended by Acts of Congress, and further amended by the United States Supreme Court.
