SCRE 401

"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.

Note:

This rule is identical to the federal rule and is consistent with South Carolina law. State

v. Alexander, 303 S.C. 377, 401 S.E.2d 146 (1991); State v. Schmidt, 288 S.C. 301, 342

S.E.2d 401 (1986).

RULE 402.

RELEVANT EVIDENCE GENERALLY ADMISSIBLE;

IRRELEVANT EVIDENCE INADMISSIBLE

All relevant evidence is admissible, except as otherwise provided by the Constitution of the United

States, the Constitution of the State of South Carolina, statutes, these rules, or by other rules

promulgated by the Supreme Court of South Carolina. Evidence which is not relevant is not admissible.

Note:

This rule is the federal rule amended to reference South Carolina law. The rule reflects

the law in South Carolina. Levy v. Outdoor Resorts of South Carolina, 304 S.C. 427, 405

S.E.2d 387 (1991); State v. Petit, 144 S.C. 452, 142 S.E. 725 (1928).