14.7 Article Iv—relevancy, Policy, and Character Trait Proof

• Library: Virginia Law and Practice: A Handbook for Attorneys (Virginia CLE) (2020 Ed.)

14.7 ARTICLE IV—RELEVANCY, POLICY, AND CHARACTER TRAIT PROOF

14.701 Index.

2:401. Definition of "Relevant Evidence"

2:402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible

2:403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, Misleading the Jury, or Needless Presentation of Cumulative Evidence

2:404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes

2:405. Methods of Proving Character Traits

2:406. Habit and Routine in Civil Cases ⁶

2:407. Subsequent Remedial Measures ⁷

2:408. Compromise Offers and Conduct or Statements During Negotiations

2:409. Evidence of Abuse Admissible in Certain Criminal Trials ⁸

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2:410. Withdrawn Pleas, Offers to Plead, and Related Statements

2:411. Insurance

2:412. Admissibility of Complaining Witness' Prior Sexual Conduct; Criminal Sexual Assault Cases; Relevance of Past Behavior ⁹

2:413. Evidence of Similar Crimes in Child Sexual Offense Cases ¹⁰

14.702 Comments.

A. In General. Nationally, the single most cited rule of evidence in every jurisdiction is the provision codified in Virginia as Rule 2:403, the provision allowing exclusion of otherwise relevant evidence if its helpfulness—dubbed its "probative value—is "substantially outweighed" by countervailing concerns, usually "prejudice" in the form of inviting adverse reaction by the trier of fact on illegitimate grounds, such as racial, financial, sexual, drug use, or other grounds.

B. Rule 2:401. Rule 2:401, defining relevant evidence, provides: "Relevant evidence means evidence having any tendency to make the existence of any fact in issue more probable or less...