What is the test for admissibility of evidence in a civil case?
California, United States of America
The following excerpt is from People v. Heard, 31 Cal.4th 946, 4 Cal.Rptr.3d 131, 75 P.3d 53 (Cal. 2003):
In reviewing the ruling of the trial court, we reiterate the well-established principle that "the admissibility of this evidence has two components: (1) whether the challenged
[4 Cal.Rptr.3d 152]
evidence satisfied the `relevancy' requirement set forth in Evidence Code section 210, and (2) if the evidence was relevant, whether the trial court abused its discretion under Evidence Code section 352 in finding that the probative value of the [evidence] was not substantially outweighed by the probability that its admission would create a substantial danger of undue prejudice." (People v. Scheid (1997) 16 Cal.4th 1, 13, 65 Cal.Rptr.2d 348, 939 P.2d 748.) We address these issues in turn.[4 Cal.Rptr.3d 152]
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