What is the current state of the law on admitting or rejecting evidence in a personal injury trial?

California, United States of America


The following excerpt is from People v. Nguyen, H034833 (Cal. App. 2011):

"A trial court has broad discretion under Evidence Code section 352 to 'exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury.' " (People v. Mills (2010) 48 Cal.4th 158, 195.) "A trial court's exercise of discretion in admitting or rejecting evidence pursuant to Evidence Code section 352 'will not be disturbed on appeal unless there is a manifest abuse of that discretion resulting in a miscarriage of justice.' [Citation.]" (People v. Cain (1995) 10 Cal.4th 1, 33.)

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