What is the test for exclusion of evidence in a personal injury trial?

California, United States of America


The following excerpt is from People v. Jensen, H041821 (Cal. App. 2017):

"Evidence may be excluded 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.' An exercise of discretion under Evidence Code section 3524 will be affirmed unless it was arbitrary, capricious, or patently absurd and the ruling resulted in a miscarriage of justice. [Citation.]" (People v. Winbush (2017) 2 Cal.5th 402, 469.)

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