What is the test for exclusion of evidence in a civil case?

California, United States of America


The following excerpt is from People v. Schafer, C083560 (Cal. App. 2020):

To the extent defendant argues the evidence should have been excluded because its relevance was outweighed by its prejudicial effect, that argument also lacks merit. Evidence is inadmissible under Evidence Code section 352, "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." Evidence is unduly prejudicial if it uniquely tends to evoke an emotional bias against a party as an individual, or if it would cause the jury to prejudge a person or cause on the basis of extraneous factors. (People v. Foster, supra,

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