What is the test for admitting or excluding evidence in a personal injury action?

California, United States of America


The following excerpt is from People v. White, B275585 (Cal. App. 2019):

fact that is of consequence to the determination of the action." (Evid. Code, 210.) The trial court has discretion to 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.) We review a court's decision to admit or exclude evidence for abuse of discretion, and we will not disturb that decision "except on a showing the ... court exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice." (People v. Rodriguez (1999) 20 Cal.4th 1, 9-10.)

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
What is the test for a plaintiff to bring a personal injury action under a statutory change in the law governing personal injury actions? (California, United States of America)
When a personal representative is substituted as a party to a personal injury action, is the personal representative required to present a claim under section 709 of the California Motor Vehicle Act? (California, United States of America)
In a personal injury action, does counsel have to be careful in their argument, not assume or state facts not in evidence or mischaracterize evidence? (California, United States of America)
What is the test for admitting and excluding evidence in a personal injury case? (California, United States of America)
What is the test for admitting or excluding evidence in a personal injury case? (California, United States of America)
In a personal injury action, how have attorney fees been awarded in personal injury cases? (California, United States of America)
What is the burden of producing evidence in a personal injury action against a defendant who has admitted criminal charges against him? (California, United States of America)
What is the standard of review for admitting evidence in a personal injury action? (California, United States of America)
What are some examples of high-profile personal injury cases involving personal injury? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.