What is the current state of the law on the exclusion of Page 22 evidence in a civil case?

California, United States of America


The following excerpt is from People v. Rivera, D073282 (Cal. App. 2018):

Pursuant to Evidence Code section 352, "[a] trial court may exclude otherwise relevant evidence when its probative value is substantially outweighed by concerns of undue prejudice, confusion, or consumption of time." (People v. Scott (2011) 52 Cal.4th 452, 490.) " ' "The 'prejudice' referred to in Evidence Code section 352 applies to

Page 22

evidence which uniquely tends to evoke an emotional bias against the defendant as an individual and which has very little effect on the issues. In applying section 352, 'prejudicial' is not synonymous with 'damaging.' " ' " (Id. at p. 491.) "Rulings regarding . . . Evidence Code section 352 are reviewed under an abuse of discretion standard." (People v. Lee (2011) 51 Cal.4th 620, 643.)

Other Questions


What is the current state of the law in cases where unprotested evidence is a dominant part of the evidence? (California, United States of America)
What is the current state of the law regarding the exclusion of defense evidence in a sexual assault case? (California, United States of America)
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
What is the effect of a court's decision to remove the exclusion of evidence from evidence in a civil case? (California, United States of America)
What is the current state of the law on the interpretation of evidence in a civil case? (California, United States of America)
What is the current state of the law on the disclosure of evidence in a civil case? (California, United States of America)
What is the effect of section 352 of the California Civil Code of Civil Procedure Guidelines on the exclusion of evidence in a personal injury case? (California, United States of America)
What is the current state's position on the rule of evidence in civil and criminal cases? (California, United States of America)
How has the exclusion of evidence in a civil case concerning the cooperation of a witness in the trial of a defendant in an assault case been interpreted? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.