Written by attorneys · grounded in primary & secondary sources — see below
An item of evidence or information bearing a logical connection to a fact of consequence in a legal proceeding. The connection must make the fact more or less probable than it would be without the item.
Sources & Authorities
How it applies
Common Examples
6
Discovery Request in Contract Dispute
Ravi Reddy sued Regal Apparel for breach of a supply agreement. Regal sought production of Reddy's internal emails discussing alternative suppliers. The court ordered production because the emails bore on whether Regal's performance caused the claimed damages.
Cross-Examination of Character Witness
Rowan Russell offered testimony that defendant Roger Ramirez enjoyed a reputation for honesty in a fraud trial. On cross-examination the prosecutor asked about Ramirez's prior false statement on a loan application. The court permitted the question because the incident tested the basis of the reputation opinion.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Rosalind Reed moved to recuse the trial judge after the judge mentioned the parties' differing national origins during a sanctions hearing. The judge denied the motion because the reference addressed the parties' relative access to information and was tied directly to the pending discovery dispute.
Client Consultation on Scope of Representation
Raymond Ramos asked his lawyer to file a pleading the lawyer knew violated a local rule. The lawyer explained that the filing would breach professional duties and declined to proceed. The lawyer's disclosure satisfied the obligation to discuss limitations on permitted assistance.
Agent's Duty to Disclose Information
Ruby Rivera, an agent for Rocky Mountain Mining, learned that a key permit application contained an error. Rivera promptly notified the principal because the error directly affected the mining operation entrusted to her care.
Race-Based Set-Aside Program
A city awarded construction contracts under a minority set-aside ordinance. A non-minority bidder challenged the program. The court required the city to produce evidence of past discrimination within the local construction industry because only such evidence could justify the racial classification.
Common questions
Frequently Asked
3
When may a court exclude evidence that satisfies the definition of relevant?+
A court may exclude relevant evidence when its probative value is substantially outweighed by dangers such as unfair prejudice or confusion of the issues. The balancing test appears in Federal Rule of Evidence 403 and applies after relevance is established.
Does relevance under Rule 26(b)(1) require that the information be admissible at trial?+
No. Information need not be admissible to be discoverable provided it is relevant to a claim or defense and proportional to the needs of the case. The rule expressly states that inadmissibility does not bar discovery.
In an affirmative-action challenge, what type of evidence satisfies the relevance requirement for strict scrutiny?+
Evidence must show specific past discrimination in the relevant industry and jurisdiction. General societal discrimination does not suffice. The Supreme Court requires a strong evidentiary basis tied to the particular program.
376 U.S. 254 (1964)Remedies
…a retraction meeting the statutory requirements. Good motives and belief in truth do not negate an inference of malice, but are relevant only in mitigation of punitive damages if the jury chooses to accord them weight. Johnson Publishing Co. v. Davis, supra, 271 Ala., at 495, 124 So. 2d, at 458. The question before us is…