Rule 401. Test for Relevant Evidence

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West Virginia Court Rules › West Virginia Rules of Evidence › W. Va. R. Evid. 401

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

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.

COMMENT ON RULE 401

Rule 401 adopts the language of the federal rule in its entirety to make it more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility.

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.