What is the effect of section 352 of the California Evidence Code on admissibility?

California, United States of America


The following excerpt is from Rosebank Rd. Med. Servs. Ltd. v. Govindarajan, A154444 (Cal. App. 2019):

1. The trial court commented that it is "very hard to make hard-and-fast lines" about admissibility, informed the attorneys that evidence might "not necessarily" be excluded, noted that the applicability of Evidence Code section 352 can depend on how the attorney phrases the question, and stated that sometimes evidence that seems irrelevant pretrial may become relevant later. Often, a court cannot properly rule on admissibility until the evidence is actually offered at trial and the court can see its relevance, probative value, and potential for prejudice in context. (People v. Jennings (1998) 46 Cal.3d 963, 975.)

2. All further statutory references are to the Evidence Code unless otherwise specified.

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