§402 Relevant Evidence Generally Admissible; Irrelevant Evidence

• Library: Evidence Restated Deskbook (2021 Ed.)

§402 Relevant Evidence Generally Admissible; Irrelevant Evidence

Inadmissible

All relevant evidence is admissible, except as provided by law.

Notes

All facts and circumstances that are relevant to the issues of the case are admissible unless exclusion is required by some established principle of evidence. See McFadden v. McFadden, 509 S.W.2d 795, 798 (Mo. App. E.D. 1974). One of these principles is that exclusion may occur because the evidence is not "legally relevant"—i.e., because after weighing the probative value of the evidence against its costs, including unfair prejudice, confusion of the issues, misleading the jury, undue delay, waste of time, or cumulativeness, its costs outweigh its benefits. See §403, infra.

A defendant in a criminal case has a constitutional right to present relevant evidence in the defendant's defense. See Rock v. Ark., 483 U.S. 44, 49–56 (1987); Chambers v. Miss., 410 U.S. 284, 302 (1973).

Admissibility predetermined by statute

The admissibility or exclusion of certain types of evidence is often provided by statute. Examples follow, including statutes dealing primarily with foundation or hearsay admission issues, as opposed to relevance issues, to show the extent to which the admission of evidence has been legislated (see, e.g., paragraphs 8, 12, 16, and 17 below):

1. Paternity Suits: Generally. Section 210.836, RSMo 2016. Evidence relating to paternity may include evidence of sexual intercourse between the alleged father and the mother during the possible time of conception of the child, an expert's opinion on paternity based on the duration of pregnancy, blood test results, and medical and anthropological evidence relating to the alleged father's paternity based on tests performed by experts.

2. Paternity Suits: Access to Mother. Section 210.839.2, RSMo 2016. "Testimony relating to sexual access to the mother at a time other than the probable period of conception of the child is inadmissible in evidence."

3. Paternity Suits: Access to Mother: Notice Required. Section 210.839.3. A witness will be incompetent to testify about the witness's sexual intercourse with the child's mother if the party calling the witness did not make a good faith effort to comply with the statutory notice requirement contained in § 210.839.3. See "Incompetency to testify because of failure to provide statutory notice" under §601.B of this deskbook.

4. Criminal Proceedings: Closure of Records. Section 610.120, RSMo Supp. 2019. Records of an arrest that does not result in filed charges or where charged and nolle prossed, dismissed, or resulting in acquittal or suspended imposition of sentence are closed and only accessible for certain purposes. See State ex rel. Thurman v. Franklin, 810 S.W.2d 694 (Mo. App. S.D. 1991).

5. Workers' Compensation: Injured Employee's Statement to Employer. Section 287.215, RSMo 2016. An employee's statements are inadmissible if the employer or insurer fails to provide the employee or the employee's representative with a copy of the statement within 30 days of a request by certified mail.

6. Testimony Comparing Disputed Writing to "Genuine" Exemplar. Section 490.640, RSMo 2016. A comparison of a disputed writing proved to the satisfaction of the judge to be genuine "shall be permitted to be made by witnesses, and such writings and the evidence of witnesses respecting...