What is the test for admitting character evidence in a personal injury case?

California, United States of America


The following excerpt is from People v. Cooper, C082953 (Cal. App. 2018):

Admission of character evidence is subject to Evidence Code section 352, which allows the court to "exclude evidence if in the court's discretion 'its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury.' " (Shoemaker, supra, 135 Cal.App.3d at p. 448.) The trial court's exercise of its discretion will not be disturbed on appeal unless it is shown that the court's decision is arbitrary, capricious, or patently absurd. (People v. Rodrigues (1994) 8 Cal.4th 1060, 1124-1125.)

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