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Miss. R. Evid. 402

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Rule 402 General Admissibility of Relevant Evidence

Article IV: Relevance and Its Limits

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Rule Text

Relevant evidence is admissible unless any of the following provides otherwise:

• the United States Constitution;

• the Mississippi Constitution; or

• these rules.

Irrelevant evidence is not admissible.

[Restyled effective July 1, 2016.]

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

If evidence matters to a case, it can normally be used in court. Evidence counts as relevant if it helps prove or disprove something that actually matters in the case. As long as no law or court rule says otherwise, relevant evidence gets let in.

But there are limits. Evidence can be kept out if the U.S. Constitution, the Mississippi Constitution, or another evidence rule blocks it. For example, evidence gathered through an illegal search might be relevant, but the Constitution could still stop it from being used.

On the other hand, evidence that has nothing to do with the facts of the case cannot be used at all. If it doesn't help answer any real question in the case, courts will not allow it in, no matter how interesting it might seem.

Committee Notes

Advisory Committee Historical Note

Effective July 1, 2016, the Rule was amended as part of the general restyling of the Evidence Rules. Effective June 16, 2016, the “Comment” was retitled “Advisory Committee Note.”

Advisory Committee Note

The language of Rule 402 has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. The Rule has been restructured, adding bullet points. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.

This rule introduces no new practice to existing Mississippi law. Relevant evidence may be rendered inadmissible for constitutional reasons or for reasons specified in Articles V and VI of these rules.

[“Advisory Committee Note” substituted for “Comment,” effective June 16, 2016; amended July 1, 2016, to note restyling.]

← Previous Rule 401: Test for Relevant Evidence Next → Rule 403: Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons