“Relevant evidence” means evidence having any tendency to make the existence of any fact
in issue more probable or less probable than it would be without the evidence.
Rule 2:401.DEFINITION OF “RELEVANT EVIDENCE”
Part Two: Virginia Rules of Evidence · Last amended 2012 · Last verified July 16, 2026
In one sentenceRule 2:401 defines relevant evidence as any evidence that has a tendency to make a fact in issue more or less probable than it would be without that evidence, setting the threshold every other admissibility rule builds on.
Full Text of Rule 2:401
Plain-English Summary
Rule 2:401 supplies the definition that the rest of Article IV builds on. Evidence counts as “relevant” if it has any tendency to make a fact that is in issue in the case more probable or less probable than it would be without the evidence. The bar is deliberately low: the evidence does not have to prove the fact by itself, and it does not have to be strong or conclusive. A single piece of evidence that nudges the probability of a disputed fact even slightly is relevant.
“Fact in issue” anchors the definition to the actual dispute in the case — the elements of a claim or defense, the credibility of a witness, the amount of damages, or any other matter the outcome depends on. Evidence that has no logical connection to any of those facts is not relevant, no matter how interesting or dramatic it might be.
This definition is a threshold, not a guarantee of admissibility. Rule 2:402 makes relevant evidence generally admissible and irrelevant evidence inadmissible, while Rule 2:403 allows a court to exclude even relevant evidence when its value is outweighed by unfair prejudice, confusion, or needless duplication. Rule 2:401 answers only the first question: does this evidence have any tendency to matter at all?
Frequently Asked Questions
What is the legal definition of “relevant evidence” in Virginia?
Evidence that has any tendency to make the existence of a fact in issue more probable or less probable than it would be without the evidence. Rule 2:401 sets this as the definition governing every other rule about relevance and admissibility.
Does evidence have to prove a fact to be considered relevant?
No. Rule 2:401 only requires that the evidence have “any tendency” to make a fact more or less probable — a low threshold that does not demand conclusive or even strong proof.
What is a “fact in issue”?
A fact that matters to the outcome of the case — an element of a claim or defense, a question of damages, or a witness’s credibility, among others. Evidence bearing on facts outside the actual dispute is not relevant under this definition.
Does being relevant mean evidence will automatically be admitted?
No. Rule 2:401 defines relevance, but Rule 2:402 and Rule 2:403 govern admissibility. Relevant evidence is generally admissible, but a court can still exclude it under Rule 2:403 if its probative value is substantially outweighed by unfair prejudice or other concerns.
Why does Virginia set the relevance bar so low?
A low threshold keeps the relevance inquiry from doing more work than it should. Rule 2:401 asks only whether evidence has some tendency to matter; questions about how much weight it deserves, or whether its value is outweighed by other concerns, are left to the fact-finder and to rules like Rule 2:403.
Amendment History
Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
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