Fed. R. Evid. 401

Test for Relevant Evidence

Evidence is relevant if:

(a)

it has any tendency to make a fact more or less probable than it would be without the evidence; and

(b)

the fact is of consequence in determining the action.

( Pub. L. 93–595, § 1 , Jan. 2, 1975 , 88 Stat. 1931 ; Apr. 26, 2011 , eff. Dec. 1, 2011 .)