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RULE 403. EXCLUSION OF RELEVANT EVIDENCEON GROUNDS OF PREJUDICE, CONFUSION, OR WASTE OF TIME

Effective Date: 4/8/1976

Obsolete Date: 3/1/2014

Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

Rule 403 was amended, effective March 1, 2014.

Rule 403 is an adaptation of Rule 403 of the Federal Rules of Evidence. The rule vests wide discretion in the trial court to control the introduction of evidence.

It should be noted that surprise is not listed as a ground for exclusion. Granting a continuance is the proper remedy for unfair surprise.

Rule 403 was amended, effective March 1, 2014, in response to the December 1, 2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility.

SOURCES: Joint Procedure Committee Minutes of April 26-27, 2012, page 14; April 8, 1976, page 20; October 1, 1975, page 3. Fed.R.Ev. 403; Rule 403, SBAND proposal.

Effective Date Obsolete Date
03/01/2014 View
04/08/1976 03/01/2014 View