What is the test for admitting or denying evidence in a personal injury trial?

California, United States of America


The following excerpt is from People v. Amundson, 34 Cal.App.4th 1151, 41 Cal.Rptr.2d 127 (Cal. App. 1995):

Under Evidence Code section 352, "[t]he 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, or confusing the issues, or of misleading the jury." Whether to exclude or admit evidence under this section is addressed to the discretion of the trial court whose decision will not be disturbed on appeal absent a clear showing of abuse of that discretion. (People v. Cudjo (1993) 6 Cal.4th 585, 609, 25 Cal.Rptr.2d 390, 863 P.2d 635.)

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