What is the test for the exclusion of a letter in a personal injury case?

California, United States of America


The following excerpt is from People v. Putnam, C074860 (Cal. App. 2016):

Defendant also contends the letter should not have been admitted because it was so prejudicial. "The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will . . . create a substantial danger of undue prejudice. . . ." (Evid. Code 352.) This means evidence should be excluded if it poses an intolerable risk to the fairness of the proceedings or reliability of the outcome. (People v. Dement (2011) 53 Cal.4th 1, 36.)

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