Relevancy -

General Admissibility, direct and indirect evidence, probative value, unfair prejudice, conditional relevancy.

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FRE 402 (the General Admissibility of Relevant Evidence) states:

"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.

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In simple terms, this rule breaks down into two parts:

1. All relevant evidence is admissible and

2. All irrelevant evidence is inadmissible.

When you begin to analyze each piece of evidence you want to present to the court this is the first question you ask. Is it relevant?

If the evidence you want to offer is irrelevant, your analysis is over, it is inadmissible. There are no exceptions. You cannot bring it to light in court. You are done. Throw it in the bin.

If the evidence you hold is relevant, your analysis has just begun, because it may be admissible, so long as it does not fall into one of the exceptions governing admissibility. There are many exceptions to admissibility, most of them determined by the discretion of the judge.