Intro to the Federal Rules of Evidence - 4

B. RELEVANT EVIDENCE GENERALLY ADMISSIBLE (FRE 402)
1. Admissibility

2. Some examples of relevance
a. Evidence of an undisputed fact
Probative, but not necessarily material. Thus, irrelevant.
Cf. demonstrative evidence.
b. Rebuttal evidence
Evidence that is irrelevant during the P’s case in chief may become relevant during D’s case in chief. For example, evidence rebutting an affirmative defense.
c. Conduct suggesting guilt
Fleeing from scene of crime, hiding from police, changing appearance, using an alias, refusing to take a breath test in a DUI case.
d. Similar happenings; Other accidents
How probative are incidents that are similar yet not the same as to parties, times, places, or circumstances from the event involved in the litigation? For example, other claims, misrepresentation, contracts, and business transaction, sales of similar property.

In most jurisdictions, there are no black letter rules governing the admissibility of evidence of similar happenings. In general, it is required a substantial similarity between the collateral event offered as evidence and the event at issue.

Though the FRE do not specifically treat the admissibility of evidence of similar happenings, the test of substantial similarity is applied. Nevertheless, the issue involves a classic FRE 403 analysis in addition to FRE 401.

3. Limited Admissibility