Under Rule 403, which statement correctly describes when evidence may be excluded due to its probative value?

Under Rule 403, which statement correctly describes when evidence may be excluded due to its probative value?

• A. Its probative value is substantially outweighed by considerations of undue delay or needless presentation of cumulative evidence.
• B. The evidence may be excluded solely on the basis of prejudice.
• C. The evidence must be admitted if it is relevant to the case.
• D. The court's discretion is limited to scheduling trials, not evidentiary rulings.

Answer: (A)

Rule 403 uses a balancing test: evidence may be excluded if its probative value is substantially outweighed by the risk of unfair prejudice, confusion, or misleading the jury, or by other factors like undue delay or needless presentation of cumulative evidence. The statement chosen reflects this balancing approach and specifically mentions undue delay and cumulative evidence as bases for exclusion, which are recognized as legitimate considerations under Rule 403. Excluding evidence solely because it is prejudicial is too narrow a standard, and relevance alone does not guarantee admission if the balance would tip the scales the other way. Also, judges do decide evidentiary rulings, not only scheduling, so the idea that the court’s discretion is limited to trials would be incorrect.

Rule 403 uses a balancing test: evidence may be excluded if its probative value is substantially outweighed by the risk of unfair prejudice, confusion, or misleading the jury, or by other factors like undue delay or needless presentation of cumulative evidence. The statement chosen reflects this balancing approach and specifically mentions undue delay and cumulative evidence as bases for exclusion, which are recognized as legitimate considerations under Rule 403.

Excluding evidence solely because it is prejudicial is too narrow a standard, and relevance alone does not guarantee admission if the balance would tip the scales the other way. Also, judges do decide evidentiary rulings, not only scheduling, so the idea that the court’s discretion is limited to trials would be incorrect.