New Mexico Motion to Bar Prejudicial and Inaccurate Speculation Concerning Defendant's Possible Eligibility for Parole
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Rule 11-403 - Excluding relevant evidence for prejudice, confusion, waste of time, or other reasons, N.M. R. Evid. 11-403 | Casetext Search + Citator.
?Unfair prejudice? means an undue tendency to suggest a decision on an improper basis, such as anger, sympathy, or fear. Before excluding evidence under this rule, the court should consider whether a lesser remedy such as a limiting instruction to the jury would suffice.
"'Relevant evidence' means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." Rule 11-401.
Evid. 11-403. 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.
Rule 1-010 - Form of pleadings A. Caption; names of parties. Every pleading shall contain a caption setting forth the name of the court, the title of the action, the file number, and a designation as in Paragraph A of Rule 1-007 NMRA.
Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in ance with the character or trait. (2)Exceptions for a defendant or victim in a criminal case.
"'Relevant evidence' means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." Rule 11-401.
Rule 403 is known to all lawyers as the "prejudice" rule. It says that relevant evidence may. be excluded if its probative value is substantially outweighed by any of three effects that detract. from a fair trial.
