Please see my response to your other query.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.
It is a judgment call on a case by case basis and may depend on whether it is a court trial or jury trial. It is similar to the question of what is "credible." Hard to define but easy to recognize.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
It is very much a judgment call by the judge. The judge balances the interests of both parties, determines whether the evidence is relevant, and if so, whether the prejudicial effect is outweighed by the probative value. See California Evidence Code 352.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
The court will evaluate the evidence and the arguments of the parties and determine pursuant to evidence code section 352 whether the introduction of the proposed evidence and its relevance is substantially outweighed by the risk of undue prejudice, confusion of the issues, misleading of the jury or undue consumption of time. There is no guarantee how a judge will evaluate certain evidence and different judges see these issues differently. Hire a local lawyer to assist you. Good luck.
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