Federal Rules of Evidence (FRE)
Definition
The rules governing the admission of evidence in US federal courts, adopted in 1975 and regularly amended. Rule 401 defines relevance; Rule 402 states that relevant evidence is generally admissible; Rule 403 permits exclusion when probative value is substantially outweighed by unfair prejudice or other listed harms.
- Jurisdiction
- United States federal courts
- Adopted
- 1975
- Rule 401
- Defines relevance
- Rule 403
- Excludes evidence for unfair prejudice etc.
Common questions
How do Rule 401 and Rule 403 work together rather than as separate independent tests?+
Rule 401 sets a low bar, evidence need only make a fact more or less probable than without it. Rule 403 then acts as a second gate on evidence that already clears Rule 401, allowing a judge to exclude it if its probative value is substantially outweighed by unfair prejudice, confusion or waste of time.
Why is Rule 403 particularly significant for forensic expert evidence such as crime scene photographs or graphic testimony?+
Forensic evidence like autopsy photos or blood-spatter reconstructions can be highly probative but also emotionally inflammatory, so Rule 403 gives courts discretion to limit, redact or exclude material where its shock value risks swaying a jury beyond what its evidentiary weight justifies.
Related terms
- Admissibility
- Whether a piece of evidence is permitted to be placed before the fact-finder at all. Admissibility is a threshold question, decided by...
- Bharatiya Sakshya Adhiniyam 2023 (BSA)
- India's current evidence statute, which replaced the Indian Evidence Act 1872. Section 63 of the BSA governs electronic records and requires a...
- Exclusionary Rule
- A rule that evidence obtained in violation of constitutional or statutory search-and-seizure requirements cannot be used at trial. Applied strictly and automatically...
- Probative Value
- The strength of the evidence's tendency to prove or disprove a fact in issue. High probative value means the evidence substantially changes...
- Relevance
- The logical quality of evidence that makes a fact in dispute more or less probable. Under FRE Rule 401, evidence is relevant...