Rule 401. makes no distinction between relevancy and materiality. The
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Mississippi Rules of Court › Mississippi Rules of Evidence › M.R.E. 401
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concept of materiality is merged into the concept of relevancy and retains no
independent viability. Evidence is relevant if it is likely to affect the probability of
a fact of consequence in the case. Mississippi State Highway Commission v. Dixie
Contractors, Inc., 375 So. 2d 1202, appeal after remand 402 So. 2d 811 (1979). If
the evidence has any probative value at all, the rule favors its admission. Such has
been the experience under Federal Rule of Evidence 401 which is identical to this
rule. Young v. Illinois Cent. Gulf R. Co., 618 F.2d 332 (5th Cir. 1980). Evidence to
prove a collateral fact is relevant if the collateral fact has a tendency to prove or
disprove an issue in the case. American Potash & Chemical Corp. v. Nevins, 163
So. 2d 224, 249 Miss. 450 (1964).
[“Advisory Committee Note” substituted for “Comment,” effective June 16, 2016;
amended July 1, 2016, to note restyling.]
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.