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

California, United States of America


The following excerpt is from Hinson v. Clairemont Community Hospital, 218 Cal.App.3d 1110, 267 Cal.Rptr. 503 (Cal. App. 1990):

"Reasonable exercise of trial court discretion pursuant to Evidence Code section 352 requires that the trial judge balance the probative value of the [218 Cal.App.3d 1124] offered evidence against its potential of prejudice, undue consumption of time, and confusion. [Citation.] That balancing process requires consideration of the relationship between the evidence and the relevant inferences to be drawn from it, whether the evidence is relevant to the main or only a collateral issue, and the necessity of the evidence to the proponent's case as well as the reasons recited in section 352 for exclusion. [Citation.] The more substantial the probative value of the evidence, the greater the danger of the presence of one of the excluding factors that must be present to support an exercise of trial court discretion excluding the evidence. [Citation.]" (Kessler v. Gray (1978) 77 Cal.App.3d 284, 291, 143 Cal.Rptr. 496.)

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