What is relevant evidence? - KOTA Territory News

What is relevant evidence?

Gary Jensen
Beardsley, Jensen and Von Wald

Relevant evidence means evidence having any tendency to make the existence of any fact that is consequence to the determination of the action more or less probable than it would be without the evidence.   SDCL 19-12-1 (Rule 401).

    Should relevant evidence always be admitted?  

    No.  

Even if evidence is relevant, it should not be admitted if its probative value is "substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury."  SDCL 19-12-3 (Rule 403).

You can imagine that some evidentiary issues are easy to decide, others not.  Some are critical, others not.

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Lawline@KOTATV.com is intended as general information on legal issues affecting us all.  This information should not be relied upon in any particular case and should never be used in lieu of consulting with an attorney.

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