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Rule 401.?Test for Relevant Evidence.

 

Evidenceis relevant if:

 

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

 

(b)   the fact is of consequence in determining the action.

 

 

2011Advisory Committee Note. ?The language of this rule has been amended as part of the restyling of the EvidenceRules to make them more easily understood and to make style and terminologyconsistent throughout the rules. These changes are intendedto be stylistic only. There is no intent to change any result in any ruling onevidence admissibility. This rule is the federal rule, verbatim.

 

Original Advisory CommitteeNote. This rule is the federal rule, verbatim, and is comparable in substance to Rule1(2), Utah Rules of Evidence (1971), but the former rule defined relevantevidence as that having a tendency to prove or disprove the existence of any"material fact." Avoiding the use of the term "materialfact" accords with the application given to former Rule 1(2) by the UtahSupreme Court. State v. Peterson, 560 P.2d 1387 (Utah 1977).