Rule 402 General Admissibility of Relevant Evidence

If evidence relates to the case and helps prove or disprove something that matters, it can generally be used in court. This is the basic starting point: relevant evidence gets let in unless some other law or rule blocks it.

There are a few things that can still keep relevant evidence out. The U.S. Constitution, the West Virginia Constitution, other evidence rules, or rules set by the West Virginia Supreme Court of Appeals can all limit what gets used at trial. So being relevant isn't the only requirement. Evidence also has to clear these other legal hurdles.

On the flip side, evidence that has nothing to do with the case, meaning it doesn't help prove or disprove any fact that matters, cannot be used at all. Courts will not allow evidence just because someone wants to bring it up. It has to actually connect to the issues being decided.