CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Discretion to Exclude Relevant Evid.
......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.