Evidence: Relevance

Question 1

What is the FRE 403 balancing test?

Note the 6 factors

Answer 1

o 403 balancing test favors admissibility.

o Although relevant, evidence may be excluded if any of six considerations exists. This is often called “practical relevance.” If the probative value is SUBSTANTIALLY outweighed by:

1. the danger of unfair prejudice, meaning the evidence invites the jury to make a decision on an improper ground;
2. confusion of the issues;
3. misleading the jury;
4. considerations of undue delay;
5. waste of time; or
6. needless presentation of cumulative evidence.

Question 2

Is UNFAIR SURPRISE a proper objection under the FRE?

Answer 2

Unfair surprise is not a proper objection under the FRE, but is in many states.