Which statement accurately describes a ground for excluding evidence due to delay under 403?

Which statement accurately describes a ground for excluding evidence due to delay under 403?

• A. Undue delay is never considered in exclusion decisions.
• B. Undue delay can be ignored if the evidence is highly probative.
• C. Undue delay is only a concern for long trials.
• D. Undue delay can be grounds for excluding relevant evidence under 403.

Answer: (D)

Undue delay is a factor the court may weigh under Rule 403 when deciding whether to admit evidence. Rule 403 allows exclusion if the probative value of the evidence is substantially outweighed by risks such as unfair prejudice, confusion, or delay. So even if the evidence is relevant, admitting it could unduly delay the proceedings or prejudice the other side, and the court may exclude it to keep the trial fair and efficient. That’s why the statement that undue delay can be grounds for excluding relevant evidence under 403 is correct. The other options misstate the balancing process: highly probative value does not automatically trump concerns about delay, delay isn’t limited to long trials, and undue delay is not something the court simply ignores.

Undue delay is a factor the court may weigh under Rule 403 when deciding whether to admit evidence. Rule 403 allows exclusion if the probative value of the evidence is substantially outweighed by risks such as unfair prejudice, confusion, or delay. So even if the evidence is relevant, admitting it could unduly delay the proceedings or prejudice the other side, and the court may exclude it to keep the trial fair and efficient. That’s why the statement that undue delay can be grounds for excluding relevant evidence under 403 is correct. The other options misstate the balancing process: highly probative value does not automatically trump concerns about delay, delay isn’t limited to long trials, and undue delay is not something the court simply ignores.