Unfair Prejudice, Evidence

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 other than the established propositions in the case.” Id.(citing Midwest Material Co. v. Village Dev. Co., 806 S.W.2d 477, 495 (Mo. App. S.D. 1991). Whether evidence should be excluded at trial is based in the trial court’s discretion and depends on the particular facts and circumstances of a case. Id. at 885.

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