Rule 403 and Unfair Prejudice: A Practical Guide to the Balancing Test

38 questions on rule 403 and unfair prejudice, answered and cited by the UpLaw editorial team.

• Can a jury hear that a party has been sued before?
• Can you prove that the other side is a serial infringer?
• Does evidence admissible under Rule 404(b) still have to pass Rule 403?
• Does offering to stipulate actually keep evidence out?
• Does Rule 403 apply differently in a bench trial?
• Does Rule 403 cut symmetrically against both sides?
• Does the absence of punitive damages under the Lanham Act affect wealth evidence?
• How does Rule 408 wall off settlement evidence?
• How does Rule 609 impeachment interact with Rule 403 balancing?
• How is probative value measured under Old Chief?
• How should an opponent build a Rule 403 exclusion argument?
• How should a proponent argue against a Rule 403 objection?
• How would a court handle wealth, prior suits, and an animation in one trademark case?
• Is a Rule 403 objection the same as a relevance objection?
• Is evidence excludable under Rule 403 just because it hurts my case?
• What are the costs of filing a motion in limine?
• What are the practical consequences of deferential review of Rule 403 rulings?
• What does Federal Rule of Evidence 403 say?
• What does the new Federal Rule of Evidence 107 provide?
• What does unfair prejudice mean under Rule 403?
• What is deep-pockets prejudice?
• What is the difference between a definitive and a provisional in limine ruling?
• What is the difference between an animation and a simulation?
• What is the difference between a Rule 1006 summary and a Rule 107 illustrative aid?
• What is the unifying principle of Rule 403?
• What makes a demonstrative exhibit objectionable?
• What measures short of exclusion can address Rule 403 prejudice?
• What six dangers does Rule 403 enumerate?
• What standard governs appellate review of a Rule 403 ruling?
• What were the facts of Old Chief v. United States?
• When can prior litigation come in despite Rule 404 and Rule 403?
• When does evidence risk confusing the issues or misleading the jury?
• When is evidence of a company's size and revenue admissible?
• Where does Rule 403 fit among the other pretrial exclusion devices?
• Why are confusion and waste of time often stronger Rule 403 arguments than unfair prejudice?
• Why does the word substantially matter in Rule 403?
• Why is framing so important in a Rule 403 dispute?
• Why is the motion in limine the natural home for a Rule 403 dispute?