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

California, United States of America


The following excerpt is from People v. Ellison, E073494 (Cal. App. 2020):

Evidence Code section 352 provides: " 'The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that it will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, or confusing the issues, or of misleading the jury.' [] ' "The 'prejudice' referred to in Evidence Code section 352 applies to evidence which uniquely tends to evoke an emotional bias against the defendant as an individual and which has very little effect on the issues." ' " (People v. Diaz (2014) 227 Cal.App.4th 362, 377.)

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