What is the test for a motion to strike or exclude evidence in a civil case?

California, United States of America


The following excerpt is from People v. Hayes, 21 Cal.4th 1211, 91 Cal.Rptr.2d 211, 989 P.2d 645 (Cal. 1999):

"A verdict may not be set aside on the basis of the erroneous admission of evidence ... unless the party asserting error has preserved the question by a timely and specific objection to the admission of the evidence, or by a motion to strike or exclude the evidence." (People v. Williams (1988) 44 Cal.3d 883, 906, 245 Cal.Rptr. 336, 751 P.2d 395.) "[T]he objection must be made in such a way as to alert the trial court to the nature of the anticipated evidence and the basis on which exclusion is sought, and to afford the People an opportunity to establish its admissibility." (Ibid.; see also Evid.Code, 353.)

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