...hearsay dangers are not considered and the evidence of non-assertive conduct is excluded only when "the probative value of the evidence is substantially outweighed by the danger of unfair prejudice." Proposed Fed. R. Evid. 403(a). This approach overlooks many other tests of trustworthiness...

...Andrews litigation shall be subject to in camera inspection by this court. Similar to a Fed. R. Evid. 403 analysis, the court will consider whether the...Mike Bradford pending further orders of this court. SIGNED and ENTERED this ^i_ day of October, 1987 ROBERT M. PARKER United States District Judge B-B4-949-CA...

...Rules 401 and 402 require the standard relevance determination, and FRE 403 requires an analysis of whether the probative value of the evidence is substantially outweighed by the danger of unfair prejudice. FRE 701, governing opinion testimony by lay witnesses, was amended in 2000 "to eliminate...

...Rules 401 and 402 require the standard relevance determination, and FRE 403 requires an analysis of whether the probative value of the evidence is substantially out-weighed by the danger of unfair prejudice. FRE 701, governing opinion testimony by lay witnesses, was amend-ed in 2000 "to eliminate...

...may be excluded, however, if it is likely to be confusing or misleading. The test, under Rule 403, is whether the probative value of the evidence is substantially outweighed by the danger of "confusion of the issues or misleading the jury." A number of critics have charged that psychiatrists...

...technically relevant, it may still be excluded by the trial court in the exercise of discretion if the probative value of the evidence is substantially outweighed by the danger that it will unfairly prejudice the other side or mislead the jury.1 Relevant Starke, 18 AD2d 1027,...

...refuse to admit evidence under s 135 or to limit the use to which evidence may be put under s 136, if the probative value of the evidence is substantially outweighed by the danger that the evidence might be unfairly prejudicial to a party, or be misleading or confusing or cause...

...the jury not to use the evidence as proof of bad character. In addition, the defense may argue that the probative value of the evidence is substantially outweighed by the danger of jury confusion or unfair prejudice. A large body of case law — including many child abuse cases —...

...that 'the court should have power to refuse to admit [hearsay] evidence where it is satisfied that the probative value of the evidence is substantially outweighed by the danger that to admit it would result in undue waste of time' (The Law Commission 1999: para 1.31, p 6). 25...