What is the standard of review in the context of the admission of evidence in a personal injury case?

California, United States of America


The following excerpt is from People v. Bui, B236448 (Cal. App. 2013):

A trial court generally has broad discretion concerning the admission of evidence, including assessing whether the probative value of particular evidence is outweighed by concerns of undue prejudice, confusion, or consumption of time. (People v. Cole (2004) 33 Cal.4th 1158, 1197; People v. Rodrigues (1994) 8 Cal.4th 1060, 1124.) "'[A]n appellate court applies the abuse of discretion standard of review to any ruling by a trial court on the admissibility of evidence, including one that turns on the relative probativeness and prejudice of the evidence in question. . . .' [Citation.]" (People v. Jablonski (2006) 37 Cal.4th 774, 805.) "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, supra, at pp. 1124-1125.)

Other Questions


What is the standard of review that the court must apply when evaluating evidence in a personal injury case? (California, United States of America)
What is the standard practice for a defendant to file a petition for personal injury counsel in a personal injury case? (California, United States of America)
What is the standard of review for admitting evidence in a personal injury case? (California, United States of America)
What is the standard of review of evidence in a personal injury case? (California, United States of America)
What is the standard of review in the context of a personal injury case? (California, United States of America)
In reviewing a claim of insufficient evidence, what is the standard of review in the context of a claim for insufficient evidence? (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)
Is evidence of a person's character or trait of his or her character in a civil case admissible in the context of a criminal case? (California, United States of America)
What is the substantial evidence standard of review in a sexual assault case when the prosecution case is based on circumstantial evidence? (California, United States of America)
What is the test for admissible evidence 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.