Fed. R. Evid. 402 — General Admissibility of Relevant Evidence
Plain English
The default switch: relevant evidence is admissible, and irrelevant evidence is not. Relevance gets you in the door—unless the U.S. Constitution, a federal statute, the rules of evidence, or another Supreme Court rule says otherwise.
From the Courtroom
Rule 402 is the presumption of admissibility. Frame your offer as relevant and the burden shifts to your opponent to point to an exclusionary rule. Conversely, “it’s relevant” is not enough if a specific rule—privilege, hearsay, Rule 403, a constitutional bar—blocks it.
Key Points & Authority
- Default in. Relevant evidence is admissible unless the Constitution, a federal statute, the Federal Rules of Evidence, or other Supreme Court rules provide otherwise.
- Default out. Irrelevant evidence is never admissible.
Florida Parallel
Florida Parallel: Fed. R. Evid. 402 corresponds to § 90.402, Fla. Stat. (Admissibility of relevant evidence). Florida states the same default more tersely—all relevant evidence is admissible except as provided by law. Cross-reference is text-only for now; live links added in a later interlinking pass.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
Relevant evidence is admissible unless any of the following provides otherwise:
- the United States Constitution;
- a federal statute;
- these rules; or
- other rules prescribed by the Supreme Court.
Irrelevant evidence is not admissible.
Educational reference. Educational summary of the Federal Rules of Evidence, not legal advice.
What this rule means in plain English
The default switch: relevant evidence is admissible, and irrelevant evidence is not. Relevance gets you in the door—unless the U.S. Constitution, a federal statute, the rules of evidence, or another Supreme Court rule says otherwise.