---
title: "Record the federal test for relevant evidence"
url: "https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/record-whether-evidence-could-rationally-affect-a-fact-in-issue/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A44-FL20261022-21-US"
practice_area: "Incoming evidence — deepfakes & synthetic documents"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Record the federal test for relevant evidence

> From the fact and the evidence the lawyer has marked, leave blank whether the evidence has any tendency to make that fact more or less probable than it would be without the evidence, and whether the fact is of…

Canonical page: https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/record-whether-evidence-could-rationally-affect-a-fact-in-issue/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Incoming evidence — deepfakes & synthetic documents](https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the fact and the evidence the lawyer has marked, leave blank whether the evidence has any tendency to make that fact more or less probable than it would be without the evidence, and whether the fact is of consequence in determining the action. Do not decide relevance. |
| What the lawyer must review | The lawyer decides relevance. Federal Rule of Evidence 401 says evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence, and the fact is of consequence in determining the action. Rule 402 then makes relevant evidence admissible unless the Constitution, a federal statute, these rules, or other rules prescribed by the Supreme Court provide otherwise. The tool does not apply either rule. |
| Written for | United States |
| Applies to | [Record whether evidence could rationally affect a fact in issue](https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/record-whether-evidence-could-rationally-affect-a-fact-in-issue.md) |

## Checking plan

- What the AI does: From the fact and the evidence the lawyer has marked, leave blank whether the evidence has any tendency to make that fact more or less probable than it would be without the evidence, and whether the fact is of consequence in determining the action. Do not decide relevance.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The federal test is any tendency, plus a fact of consequence. Do not replace it with an Australian rational-effect formula.
- Relevance is not admission. Rule 402 and the later rules can still keep the evidence out.

## Sources

- [Federal Rule of Evidence 401](https://www.law.cornell.edu/rules/fre/rule_401) (checked 2026-10-22)
- [Federal Rule of Evidence 402](https://www.law.cornell.edu/rules/fre/rule_402) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*