Probative means tending to prove or establish proof.
In Barrow v. Village of New Miami, the Court of Appeals of Ohio, Twelfth District, Butler County noted that probative evidence is evidence that tends to prove the issue in question and has to be relevant in determining the issue.
Under Rule 403 of the Federal Rules of Evidence, the court may exclude relevant evidence if its probative value is substantially outweighed by one or more of the following dangers: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
Regarding a criminal defendant, in Old Chief v. United States the United States Supreme Court held that Rule 403 requires that the relative probative value of an evidence of a prior conviction be balanced against the prejudicial risk of misuse. A judge facing this question should balance these factors for both the item in question and possible substitutes. If the judge finds that an alternative could have substantially the same or greater probative value but a lower danger of unfair prejudice, the judge should discount the value of the first item and exclude it if its discounted probative value were substantially outweighed by unfair prejudicial risk.
[Last updated in February of 2024 by the Wex Definitions Team]