§ 90.401, Fla. Stat. — Definition of Relevant Evidence
Plain English
This is the starting line for the entire law of evidence. “Relevant evidence” is simply evidence that tends to prove or disprove a material fact — and that’s a deliberately low bar. If a piece of evidence makes a fact that actually matters in the case even a little more or less likely, it clears the relevance hurdle. Everything else in the Evidence Code is really about what to do next with relevant evidence: when it comes in (§ 90.402), when it gets excluded anyway (§ 90.403), and the special rules for particular kinds of proof.
From the Courtroom
Relevance objections sound basic, but they win more than people think. The trick usually isn’t keeping evidence out — it’s forcing the other side to say out loud exactly what material fact a piece of evidence supposedly proves. Make them connect the dots in front of the judge, and weak evidence often collapses on its own.
Key Points & Authority
- § 90.401, Fla. Stat. — Relevant evidence is evidence tending to prove or disprove a material fact; the threshold is intentionally low.
- §§ 90.402–90.403: relevance is the gateway — relevant evidence is admissible unless excluded by law, and may still be kept out under the 90.403 balancing test.
- Federal parallel: Fed. R. Evid. 401 defines relevance in similar “any tendency” terms.
Federal Parallel
The federal counterpart is Fed. R. Evid. 401, which defines relevant evidence as having “any tendency” to make a material fact more or less probable — the same low threshold Florida applies.
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 evidence tending to prove or disprove a material fact.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.401 defines relevant evidence as evidence tending to prove or disprove a material fact — a deliberately low threshold that is the gateway to admissibility.