Relevance Under The Fre

FRE 401 states that “[r]elevant 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.” The FRE thus require that evidence be material and probative. FRE 402 states that all relevant evidence is admissible “except as otherwise provided” by the FRE, federal statute or constitutional law.