Rule 401. Definition of &quotrelevant evidence\"

Definition of “relevant evidence.” “Relevant evidence” means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.

Committee Notes

Advisory Committee’s Notes This rule is identical to the corresponding Federal Rule of Evidence and to the relevancy rule adopted by the overwhelming majority of states that have adopted modern evidence rules. The test of logical relevancy set forth in Rule 401 is a liberal one. Evidence is to be admitted if it possesses “any tendency,” in logic or experience, to lead to the fact or inference for which it is offered. The standard of probability under the rule is “more probable or less probable than it would be without the evidence.” Rule 401 leaves unchanged the preexisting relevancy test that has applied historically under the common law of Alabama. See, e.g., Aetna Life Ins. Co. v. Lavoie, 470 So.2d 1060, 1078 (Ala.1984) (“whether the offered evidence bears any logical relationship to the ultimate inference for which it is offered”) (emphasis added), vacated, 475 U.S. 813 (1986); Gafford v. State, 122 Ala. 54, 25 So. 10, 12 (1899) (characterizing the issue as one of whether “the testimony offered to be introduced by defendant [would] have any tendency, even though slight, to shed light on the main inquiry”) (emphasis added); Mattison v. State, 55 Ala. 224, 232 (1876) (“Whatever tends to shed light on the main inquiry... is, as a general rule, admissible evidence.”); C. Gamble, McElroy’s Alabama Evidence § 21.01(l) (4th ed. 1991). Relevancy remains a question over which the trial court has wide discretion. Eason v. Comfort, 561 So.2d 1068 (Ala.1990); Roberson v. Ammons, 477 So.2d 957 (Ala.1985); Ott v. Fox, 362 So.2d 836 (Ala.1985) (observing that the trial judge has great discretion concerning the relevancy of evidence). That discretion is not unbridled. Ham v. Hood, 340 So.2d 763 (Ala.1976). However, the trial court’s ruling on relevancy will not be reversed unless it is plain that error was committed. Harper v. Baptist Medical Center-Princeton, 341 So.2d 133 (Ala.1976). Indeed, the trial court’s ruling on relevancy will not be disturbed on appeal unless discreti