What is the test for admissibility of evidence in personal injury cases?

California, United States of America


The following excerpt is from People v. Ortiz, E055188 (Cal. App. 2014):

"Trial court rulings on the admissibility of evidence are reviewed for abuse of discretion. [Citation.]" (People v. Elliott (2012) 53 Cal.4th 535, 577.) Evidence Code section 356 provides, "Where part of an act, declaration, conversation, or writing is given in evidence by one party, the whole on the same subject may be inquired into by an adverse party; when a letter is read, the answer may be given; and when a detached act, declaration, conversation, or writing is given in evidence, any other act, declaration, conversation, or writing which is necessary to make it understood may also be given in evidence." "'The purpose of this section is to prevent the use of selected aspects of a conversation, act, declaration, or writing, so as to create a misleading impression on the subjects addressed.' [Citations.]" (People v. Pearson (2013) 56 Cal.4th 393, 460.)

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