Written by attorney Joshua Tobias Hershon

What is a 352 Motion?

A 352 motion is a motion to exclude evidence on the basis of undue prejudice among other things.

Specifically, the statute is as follows:

352. The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury.

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