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Materiality Relevancy Policy Procedural Extraneous
Rule 401

Logical Relevancy

- Rule 401

Legal Relevancy

- Rule 403, et.

Rule 500 - 1000s Rule 100s & 1100s

Rule 402




Federal of Evidence Rules

in effect 1975 and after. Common law before 1975.

Alabama of Evidence Rules

in effect 1996; patterned after federal rules of evidence.

Materiality - (Rule 410)

Any evidence must be "of consequence" to the case.

Relevancy has two parts-

1. materiality

2. probative value

What is the purpose of the evidence? The purpose of the evidence must be "of consequence" to the case.

* Materiality and relevancy are different but attorneys often use relevancy for both.

Substantive law - evidence is material if the purpose for which it is offered is and element of the crime or cause of action or a defense to the crime or the cause of action. * Damages are a great way to get evidence in that people often forget about.

Open the door - A statement of a party or a statement of an attorney.


Logical Relevancy - (rule 401).

Does the evidence prove what you say it is going to prove?

Legal Relevancy - (rule 403 - 400s).

Policy ( rule 500 - 1000s)

Evidence may be excluded on policy grounds even if it is material and relevant; if it is privileged, etc., the witness has no personal knowledge, etc. rules 500s = privileges. rules 600s = witnesses. rules 700s opinions. rules 800s = hearsay. rules 900s = authorization ( foundation). rules 1000s = best evidence; original not copy.

Procedural ( rule 100s & 1100s)

Specific and timely objections, etc.

Extraneous (rule 402, Constitution, statutes, & rule of court)

Rules of civil procedure, rules of criminal procedure, etc.

All participants in the study group must always follow the BSL Honor Code.