Even when competent, a witness may not be allowed to testify when the probative value of her testimony is substantially outweighed by the risk of unfair prejudice, consumption of time or confusion to the jury.

Question

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This principle is part of the rules of evidence, specifically designed to ensure that the evidence presented in court is both relevant and fair. The rule allows judges to exclude evidence if its potential to mislead or confuse the jury, or to cause unfair prejudice, outweighs its value in proving something material to the case.

Even When Competent, a Witness May Not Be Allowed to Testify