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

California, United States of America


The following excerpt is from People v. Tomlin, H037982 (Cal. App. 2014):

Because exclusion of this evidence was warranted under Evidence Code section 352 as more confusing and time-consuming than probative, we reject defendant's claim of a federal constitutional violation. "The general rule remains that ' "the ordinary rules of evidence do not impermissibly infringe on the accused's [constitutional] right to present a defense. Courts retain . . . a traditional and intrinsic power to exercise discretion to control the admission of evidence in the interests of orderly procedure and the avoidance of prejudice." ' (People v. Cudjo (1993) 6 Cal.4th 585, 611, quoting

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