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

California, United States of America


The following excerpt is from People v. Abston, C076982 (Cal. App. 2015):

Evidence Code section 352 provides: "The 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." (Evid. Code, 352.) As the plain language indicates, "[e]vidence is not inadmissible under section 352 unless the probative value is 'substantially' outweighed by the probability of a 'substantial danger' of undue prejudice or other statutory counterweights." (People v. Holford (2012) 203 Cal.App.4th 155, 167 (Holford).) "Under Evidence Code section 352, the trial court enjoys broad discretion in assessing whether the probative value of particular evidence is outweighed by concerns of undue prejudice, confusion or consumption of time. [Citation.] Where, as here, a discretionary power is statutorily vested in the trial court, its exercise of that discretion 'must not be disturbed on appeal except on a showing that the court exercised its discretion in an arbitrary, capricious or patently absurd manner that resulted in a manifest miscarriage of justice. [Citations.]' [Citation.]" (People v. Rodrigues (1994) 8 Cal.4th 1060, 1124-1125.)

Other Questions


In a personal injury case, is stalking evidence inadmissible because the stalking evidence was not presented in the trial? (California, United States of America)
How have courts dealt with personal injury claims in personal injury cases? (California, United States of America)
What are some examples of high-profile personal injury cases involving personal injury? (California, United States of America)
What is the effect of Evidence Code section 664 of the California Evidence Code on the burden of proof in a personal injury case? (California, United States of America)
What is the test for making a motion for personal injury representation in a personal injury case? (California, United States of America)
How have the courts dealt with the issue of personal injury in a personal injury case? (California, United States of America)
How have the courts dealt with a motion for personal injury in a personal injury case? (California, United States of America)
In a personal injury case, can a plaintiff hire an attorney to prosecute the personal injury suit? (California, United States of America)
How have courts treated evidence in the context of evidence in a personal injury case? (California, United States of America)
How have the courts dealt with a motion for personal injury in a personal injury case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.