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

California, United States of America


The following excerpt is from People v. Romo, B240422 (Cal. App. 2013):

Evidence Code section 352 provides that "[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, of confusing the issues, or of misleading the jury." The trial court's discretionary decision to admit or reject evidence pursuant to Evidence Code section 352 "'will not be disturbed on appeal unless there is a manifest abuse of that discretion resulting in a miscarriage of justice.'" (People v. Cain (1995) 10 Cal.4th 1, 33.)

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