What is the test for admitting or denying evidence in a civil case?

California, United States of America


The following excerpt is from People v. Weisner, B251312 (Cal. App. 2015):

Under Evidence Code section 352, "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. [Citations.]" (People v. Edwards (1991) 54 Cal.3d 787, 817.) Moreover, no "particular formula" is required of the trial court "for engaging in the weighing process" of the probative value against any prejudicial effect regarding the admission of evidence "so long as the record reflects in some fashion that the court has done so. [Citation.]" (Ibid.)

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