Relevance

To be admissible at trial, evidence must be relevant.

  • "Relevance links the admissibility to evidence to substantive law and to the common sense patterns of inference."
  • Even relevant evidence need not be admissible to be discoverable, according to FRCP 26(b)(1).

How do we know what's relevant?

  • Must be related to a party's claim or defense.
    • Old Rule: had to have related to the subject matter of the case/action.
  • Process for Determining Relevance

    • First, examine the complaint and the answer.
      • This will tell/give you a sense as to what the parties' claims/defenses are.
    • Second, examine the case law upon discovery to understand what all is involved in like cases.
      • Fed. R. Ev. 401: "relevance"
        • evidence is relevant if it has any tendency to make a fact more or less probably than it would be without the evidence and the fact is of consequence in determining the action.
    • Does relevant here mean that information sought will necessarily be admissible at trial?
      • No; the purpose of discovery is to find things that will lead to more information, but the purpose of evidence at trial is to act as settled fact.

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