What is the test for admitting experimental evidence at trial?

California, United States of America


The following excerpt is from People v. Scherer, A132585 (Cal. App. 2013):

Experimental evidence may be admitted if (1) it is relevant, (2) its conditions and those existing at the time of the alleged occurrence are shown to be substantially similar, and (3) the evidence will not consume undue time or confuse or mislead the jury. (People v. Bonin (1989) 47 Cal.3d 808, 847; People v. Boyd (1990) 222 Cal.App.3d 541,

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565.) A trial court enjoys wide discretion in deciding whether to admit such evidence, and its decision is reviewed only for abuse of that discretion. (People v. Boyd, supra, 222 Cal.App.3d at p. 566.)

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