§401 Test for Relevant Evidence

LibraryEvidence Restated Deskbook (2021 Ed.)

§401 Test for Relevant Evidence

Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence or if it tends to corroborate evidence that itself is relevant and bears on the principal issue of the case, and the fact is of consequence in determining the action.

Notes

Missouri caselaw distinguishes between logical relevance and legal relevance. To be admissible, evidence must be both logically and legally relevant. State v. Anderson, 76 S.W.3d 275, 277 (Mo. banc 2002).

Evidence is logically relevant if it tends 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, or if it tends to corroborate evidence which itself is relevant and bears on the principal issue of the case.

Legal relevance, on the other hand, requires the balancing of the probative value of the proffered evidence against its prejudicial effect on the jury. . . . Thus, logically relevant evidence is excluded if its costs outweigh its benefits.

Pittman v. Ripley Cty. Mem'l Hosp...

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