Evidence is inadmissible if it is “unfairly prejudicial.” Stated differently, if the “prejudicial effect substantially outweighs the probative value, the evidence is unfairly prejudicial…and must be excluded.” Shallow v. Follwell, 554 S.W.3d 878, 885 (Mo. 2018). When is evidence “prejudicial”? “Evidence is prejudicial if it tends to lead the jury to decide the case on some basis…
Legal Articles
Expert Witness Admissibility
Trial courts have substantial discretion when deciding whether to admit evidence at trial. This discretion extends to expert witness testimony. On appeal, a trial court’s decision to admit or exclude expert testimony is reviewed for an abuse of discretion. Spalding v. Stewart Title Guar Co., 463 S.W.3d 770, 778 (Mo. 2015). Not everything is discretionary….
Settlement Offer as Evidence, Admissibility
Because the law encourages settlement and compromise, “offers of compromise of an existing controversy are privileged and inadmissible and the offeree may object to testimony as to another’s offer of compromise.” Chase Third Century Leasing Co., Inc. v. Williams, 782 S.W.2d 408, 412 (Mo. Ct. App. 1989). There is at least one prominent exception to…
Expert Witness Opinion Admissibility
Expert witnesses are frequently utilized when there is a technical or complex issue (e.g., medicine, property valuation) present and an expert opinion would aid the judge or jury in deciding a given matter. Even if expert testimony is not required, “it is admissible when the topic at issue is one which lay witnesses and fact…