What is the test for overturning a finding of error in an evidentiary ruling?

MultiRegion, United States of America

The following excerpt is from Barranco v. 3D Sys. Corp., 952 F.3d 1122 (9th Cir. 2020):

We have jurisdiction pursuant to 28 U.S.C. 1291. We review evidentiary rulings for abuse of discretion and reverse only if a ruling is "erroneous and prejudicial." Wagner v. Cty. of Maricopa , 747 F.3d 1048, 1052 (9th Cir. 2013) (emphasis added). "When error is established, we must presume prejudice unless it is more probable than not that the error did not materially affect the verdict." Boyd v. City & Cty. of San Francisco , 576 F.3d 938, 949 (9th Cir. 2009) (internal quotations and citations omitted).

Other Questions


What is the evidentiary ruling of the district court for abuse of evidentiary rulings? (MultiRegion, United States of America)
What is the "plain error" standard of review in the context of a motion to overturn a finding of error at the Court of Appeal? (MultiRegion, United States of America)
What is the test for a finding of error or error in finding a defendant liable for a fine imposed by a federal district judge? (MultiRegion, United States of America)
What is the test for overturning a finding that a trial court's limitation on the scope of cross-examination and its evidentiary rulings is abuse of abuse of power? (MultiRegion, United States of America)
What is the test for overturning an evidentiary ruling? (MultiRegion, United States of America)
How will a finding of civil contempt be overturned if the finding rests on a party's refusal to comply with a court order? (MultiRegion, United States of America)
Can a court of appeals overturn a finding that a magistrate judge's finding was wrong? (MultiRegion, United States of America)
On appeal from a federal court's ruling on a motion to suppress evidence, what is the test for reversing a finding of "clear error"? (MultiRegion, United States of America)
What is the test for overturning an evidentiary ruling by a federal district court? (MultiRegion, United States of America)
Does a jury have any authority or authority to overturn a finding of reversible error or reversal of judgement in an assault case? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.