What is the test for exclusion of evidence in personal injury cases?

California, United States of America


The following excerpt is from People v. Cortes, H040743 (Cal. App. 2017):

"Evidence Code section 352 requires the exclusion of evidence only when its probative value is substantially outweighed by its prejudicial effect. 'Evidence is substantially more prejudicial than probative . . . [only] if, broadly stated, it poses an intolerable "risk to the fairness of the proceedings or the reliability of the outcome" [citation].' [Citation.]" (People v. Tran (2011) 51 Cal.4th 1040, 1047 (Tran).)

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