CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Discretion to Exclude Relevant Evid.
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Undue Consumpt. of Time/Evid. Cumulative
.........In General/Standard
9 Cards On This Topic:
Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time.
Court has discretion to exclude relevant evidence if probative value outweighed by undue consumption of time or is cumulative.
Presentation of evidence at heart of defense would not represent undue consumption of time.
EC 352 may be invoked to exclude a felony or misdemeanor offense even if it has resulted in a conviction.
Judges can't avoid most important, relevant issue in case—esp. case involving kids and possibility of violence—just because trying it will take time. Std is whether consumption of time 'undue.'
In defense credibility attack against hearsay accuser, consumption of time irrelevant where evidence not cumulative.
Length of time involved to present evidence is not the standard.
Improper to exclude more probative evidence as cumulative.
Collateral nature of evidence may cause undue consumption of time.