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

California, United States of America


The following excerpt is from People v. Hardy, 233 Cal.Rptr.3d 378, 418 P.3d 309, 5 Cal.5th 56 (Cal. 2018):

"No evidence is admissible except relevant evidence." ( Evid. Code, 350.) "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. " ( People v. Scott (2011) 52 Cal.4th 452, 490, 129 Cal.Rptr.3d 91, 257 P.3d 703, quoting Evid. Code, 210.) "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." ( Evid. Code, 352.) "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. Edwards (1991) 54 Cal.3d 787, 817, 1 Cal.Rptr.2d 696, 819 P.2d 436.)

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