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. Ferea, H037332 (Cal. App. 2014):

Under section 352, "[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." "[I]t is the exclusive province of the trial court to determine whether the probative value of evidence outweighs its possible prejudicial effect." (People v. Sassounian (1986) 182 Cal.App.3d

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