What is the test for excluding evidence in a personal injury case?

California, United States of America


The following excerpt is from People v. Buenrostro, 240 Cal.Rptr.3d 704, 430 P.3d 1179, 6 Cal.5th 367 (Cal. 2018):

People v. Rodriguez (1999) 20 Cal.4th 1, 9, 82 Cal.Rptr.2d 413, 971 P.2d 618.) The court "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." ( Evid. Code, 352.) Such rulings are reviewed for abuse of discretion. ( People v. Minifie (1996) 13 Cal.4th 1055, 1070, 56 Cal.Rptr.2d 133, 920 P.2d 1337 ; see

[430 P.3d 1201]

People v. Young (2005) 34 Cal.4th 1149, 1199, 24 Cal.Rptr.3d 112, 105 P.3d 487.)

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