Evidence Code Section 352 or FRE 403

Question 1

When Applicable

Answer 1

When the prejudicial effect of evidence outweighs its probative value.

Question 2

Two Requirements

Answer 2

(1) The probative value must be negligible; if the probative value is at all significant there is no issue and it is never outweighed by undue prejudice.
(2) The prejudicial effect does not mean that the evidence tends to hurt on side or the other. Rather, the evidence must unduly prejudicial, which only occurs if the evidence tends to cause a jury to decide the case based on emotion rather than on the facts of the law.