Rule 2:403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, Misleading the Jury, or Needless Presentation of Cumulative Evidence
Library | A Guide to the Rules of Evidence in Virginia (Virginia CLE) (2021 Ed.) |
Rule 2:403. EXCLUSION OF RELEVANT EVIDENCE ON GROUNDS OF PREJUDICE, CONFUSION, MISLEADING THE JURY, OR NEEDLESS PRESENTATION OF CUMULATIVE EVIDENCE
Relevant evidence may be excluded if:
(a) the probative value of the evidence is substantially outweighed by (i) the danger of unfair prejudice, or (ii) its likelihood of confusing or misleading the trier of fact; or
(b) the evidence is needlessly cumulative.
NOTES |
Unfair prejudice. This Rule of Evidence recognizes the power of the court to exclude otherwise admissible evidence as unduly prejudicial. See, e.g., Commonwealth v. Proffitt, 292 Va. 626, 635-36 (2016); Gamache v. Allen, 268 Va. 222, 227 (2004) (exclusion where prejudicial impact substantially outweighs legitimate probative value); General Motors Corp. v. Lupica, 237 Va. 516, 522 (1989) (citing cases). Virginia courts have long been careful to assess the prejudicial impact of proffered evidence, and this review has been endorsed by the Supreme Court of Virginia. For example, in Seilheimer v. Melville, 224 Va. 323, 328 (1982), the court stated: "The trial judge, in his discretion, had the responsibility of weighing the probative value of the evidence on this main issue against . . . its possible prejudicial effect." See Jackson v. Commonwealth, 267 Va. 666 (2004) (direct, eyewitness testimony); Yazid Abunaaj v. Commonwealth, 28 Va. App. 47 (1998) (admission of evidence of HIV infection).
Virginia law generally favors admission of all relevant evidence. See generally Rules 2:401 and 2:402, and the several cases cited in Notes accompanying those provisions. Thus, the present Rule calls for the exclusion of relevant evidence only when its probative value is substantially outweighed by unfair prejudice. Egan v. Butler, 290 Va. 62 (2015); Norfolk & Portsmouth Belt Line R.R. v. Wilson, 276 Va. 739 (2008); Gamache v. Allen, 268 Va. 222 (2004); Brown v. Commonwealth, 3 Va. App. 182, 187 (1986) (exclusion of otherwise relevant evidence where the prejudice is...
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- Rule 2:401. Definition of “relevant Evidence”
- Rule 2:402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible
- Rule 2:403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, Misleading the Jury, or Needless Presentation of Cumulative Evidence
- Rule 2:404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes
- Rule 2:405. Methods of Proving Character Traits
- Rule 2:406. Habit and Routine Practice in Civil Cases (derived from Code § 8.01-397.1)
- Rule 2:407. Subsequent Remedial Measures (derived from Code § 8.01-418.1)
- Rule 2:408. Compromise Offers and Conduct or Statements During Negotiations
- Rule 2:409. Evidence of Abuse Admissible in Certain Criminal Trials (derived from Code § 19.2-270.6)
- Rule 2:410. Withdrawn Pleas, Offers to Plead, and Related Statements
- Rule 2:411. Insurance
- Rule 2:412. Admissibility of Complaining Witness’ Prior Sexual Conduct; Criminal Sexual Assault Cases; Relevance of Past Behavior (derived from Code § 18.2-67.7)
- Rule 2:413. Evidence of Similar Crimes in Child Sexual Offense Cases (derived from Code § 18.2-67.7:1)
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