What is the test for admissible evidence in a personal injury action?

California, United States of America


The following excerpt is from Willis v. City of Carlsbad, 262 Cal.Rptr.3d 528, 48 Cal.App.5th 1104 (Cal. App. 2020):

" No evidence is admissible except relevant evidence. [Citation.] Relevant evidence is evidence "having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action." [Citation.] The court in its discretion may 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. [Citation.] In general, the trial court is vested with wide discretion in determining relevance and in weighing the prejudicial effect of proffered evidence against its probative value. Its rulings will not be overturned on appeal absent an abuse of that discretion. " ( People v. Hardy (2018) 5 Cal.5th 56, 87, 233 Cal.Rptr.3d 378, 418 P.3d 309.) Under this appellate standard, the court's ruling " "will not be disturbed except on a showing the trial court exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice." " ( People v. Case (2018) 5 Cal.5th 1, 46, 233 Cal.Rptr.3d 439, 418 P.3d 360.)

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
What is the test for a plaintiff to bring a personal injury action under a statutory change in the law governing personal injury actions? (California, United States of America)
In a personal injury action, how have attorney fees been awarded in personal injury cases? (California, United States of America)
When a personal representative is substituted as a party to a personal injury action, is the personal representative required to present a claim under section 709 of the California Motor Vehicle Act? (California, United States of America)
In a personal injury action, can appellant appeal against a finding that cross-admissibility of evidence was not abused? (California, United States of America)
In a personal injury action, does counsel have to be careful in their argument, not assume or state facts not in evidence or mischaracterize evidence? (California, United States of America)
What are some examples of high-profile personal injury cases involving personal injury? (California, United States of America)
In a personal injury case, can a plaintiff hire an attorney to prosecute the personal injury suit? (California, United States of America)
What is the test for admissible evidence in a personal injury case? (California, United States of America)
How have courts treated evidence in the context of evidence in a personal injury case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.