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Unformatted text preview: l in the sense of being detrimental to a party's case. Must be unfairly prejudicial in a manner described above. Evidence presenting dangers of unfair prejudice can often be dealt with by compromise on the part of the trial course. o Ex forbidding account of specifics but allowing to testify more generally Note; Unfair surprise is not a ground for exclusion under the Federal Rules: Modern discovery rules provide parties with adequate opportunity to anticipate what will be offered and any "unfairness" can be cured by a continuance rather than by exclusion of relative evidence. But WILL be excluded if the surprise would require a continuance causing undue delay, or if surprise is coupled with the dangers of prejudice and confusion of the issues. Factors to be weighed against probative value in 403 balancing test. 1. Confusion of the issues: Evidence may be excluded as confusing the issues if it would tend to distract the jury from the
proper issues. Example - Johnson case (tax liability not an...
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