What is the test for unduly prejudicial evidence in a civil case?

California, United States of America


The following excerpt is from People v. Camacho, F072565 (Cal. App. 2017):

of undue prejudice, confuse the issues, or mislead the jury. Evidence is unduly prejudicial if it "'"'uniquely tends to evoke an emotional bias against the defendant as an individual and ... has very little effect on the issues'"' [citation], or if it invites the jury to prejudge '"'a person or cause on the basis of extraneous factors.'"' [citation]. 'Painting a person faithfully is not, of itself, unfair.' [Citation.]" (People v. Johnson (2010) 185 Cal.App.4th 520, 534.)

The factors that determine whether the evidence is prejudicial are: (1) whether the prior offenses were more inflammatory than the charged conduct, (2) the possibility of the jury confusing the issues, (3) the remoteness of time, and (4) whether the defendant had been convicted and punished for the prior offenses. (People v. Rucker (2005) 126 Cal.App.4th 1107, 1119.)

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