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Rule 401. Test forRelevant Evidence


Evidence is relevant if:


(a)   it has any tendency to make a factmore or less probable than it would be without the evidence; and


(b)   the fact is ofconsequence in determining the action.


2011 Advisory CommitteeNote. The languageof this rule has been amended as part of the restyling of the Evidence Rules tomake them more easily understood and to make style and terminology consistentthroughout the rules. These changes are intended to be stylistic only. There isno intent to change any result in any ruling on evidence admissibility. Thisrule is the federal rule, verbatim.




This rule isthe federal rule, verbatim, and is comparable in substance to Rule 1(2), UtahRules of Evidence (1971), but the former rule defined relevant evidence as thathaving a tendency to prove or disprove the existence of any "materialfact." Avoiding the use of the term "material fact" accords withthe application given to former Rule 1(2) by the Utah Supreme Court. State v.Peterson, 560 P.2d 1387 (Utah 1977).