New Hampshire Jury Instruction - 2.2 Consideration Of The Evidence Duty To Follow Instructions Corporate Party Involved
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FAQ
Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
401. Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action.
Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons | New Hampshire Judicial Branch.
In a criminal case all jurors must agree on the verdict. This is also required in a civil case, unless the jury is otherwise instructed by the court. The jurors have a duty to give full consideration to the opinion of their fellow jurors. They have an obligation to reach a verdict whenever possible.
Essentially, Rule 403 is a balancing test of the probative value of evidence against the harm likely to result from its admission into court. For example, gruesome photographs in a murder case are not usually considered prejudicial as they show the victim's injuries, the crime scene, blood splatter and other evidence.
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
Yes, you may be excused from serving as a juror for one of the following reasons: You are 70 years of age or older, and you do not wish to serve. You are actively serving in the military. You have served as a juror in the New Hampshire Superior Court within the last three (3) years.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.