Rule 402 Relevant evidence generally admissible; irrelevant evidence inadmissible

This rule, similar to Fed. R. Evid. 402, establishes the basic precondition for admissibility of all evidence: it must be "relevant" as that term is defined in Rule 401. In State v. Smith, 59 H. 565, 567-68, 583 P.2d 347, 349-50 (1978), the court held: "All relevant evidence is admissible unless some rule compels its exclusion.... Our laws give a [party] the right to introduce evidence of those relevant and material facts which logically tend to prove the issues involved and which is not otherwise excluded." See State v. Irebaria, 55 H. 353, 519 P.2d 1246 (1974); Territory v. Henry, 39 H. 296 (1952); Bonacon v. Wax, 37 H. 57 (1945).

There are, of course, many qualifications to the general admissibility of relevant evidence. The exclusionary rule in criminal cases, see, e.g., State v. Santiago, 53 H. 254, 492 P.2d 657 (1971), is a prime example. Rule 403 infra, requires exclusion of relevant evidence whenever the relevance or probative value is "substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence." Privilege (Article V) and hearsay (Article VIII) rules frequently interpose a bar to the receipt of relevant evidence.