Topics: Appellate Review

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Example -Inadmissible. Probable cause determination by EEOC. “A strong argument can be made that a jury would attach undue weight to this type of agency determination, viewing it as a finding of discrimination ‘ as the plaintiff himself suggests it should be viewed ‘ rather than as a mere finding of probable cause.”
Example - Inadmissible. “There is also the danger that the jury may overvalue polygraph results as an indicator of truthfulness because of the polygraph’s scientific nature.”
Example - Inadmissible. Findings in a sanctions order from a previous trial. “A lay jury is quite likely to give special weight to judicial findings merely because they are judicial findings.”
Demonstrative evidence may be excluded as misleading if it distorts or misrepresents underlying evidence.
Example - Inadmissible. In copyright infringement action against singer-composer Michael Jackson, trial court properly excluded plaintiff’s demonstrative tapes designed to compare plaintiff’s song “Dangerous” with defendant song of the same title; the tapes altered the tempo, changed the key, repeated musical phrases not repeated in the originals and spiced together portions not adjacent in the originals; “the changes made to the songs in these recordings were so significant that the tapes no longer represented the songs in question.”
Undue delay, waste of time, or needless presentation of cumulative evidence.” “As a general rule, evidence may not be excluded solely to avoid delay.

* * * Under Rule 403, the court should consider the probative value of the proffered evidence and balance it against the harm of delay.”

Evidence may be excluded on account of waste of time because it has scant probative value.
“In the normal evidentiary sense cumulative evidence is excluded because it is repetitious.”

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