RULES OF EVIDENCE

FRE 401: Test for Relevant Evidence 

Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence and (b) the fact is of consequence in determining the action.

FRE 402: General Admissibility of Relevant Evidence

Relevant evidence is admissible unless any of the following provide otherwise: US constitution, a federal statute, these rules, or other rules by SCOTUS 

FRE 403: Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons 

The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

FRE 104(b)

when the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist.

FRE 901(a)

To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is

FRE 902: self authentication  

FRE 404(b)

Evidence of other crimes is not admissible to prove a person’s character in order to show propensity or action in conformity. Can be admitted for other purposes: motive, opportunity, intent, identity, lack of accident

FRE 404(a)

Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.

FRE 405