Legal Question in Civil Litigation in California
Civil Law Suit -
In a civil trial, can a judge rule the contents of a 911 emergency phone call, or a document with the same information, as pejudicial and not allow the jury to hear it?
4 Answers from Attorneys
Re: Civil Law Suit -
Yes, that is possible. The evidence code allows a judge to weigh the probative value of the evidence against its unfair prejudicial effect.
Re: Civil Law Suit -
Yes, if it's more prejudical than probative, it may not be admitted into evidence
Re: Civil Law Suit -
Only relevant evidence is admissible and even relevant evidence may be excluded if the prejudicial effect outweights the "probative value". Judges have a broad range of discretion to these types of issues. If you disagree with the and it negatively impacts your case, you may need to file an appeal or other action to request review of the decision.
Re: Civil Law Suit -
A judge 'can' do anything he likes; that's why it's called discretion. If his rulings create a legal or factual error, that's what appeals are for.
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