Rule Text
Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, undue delay, needless presentation of cumulative evidence, or unfair and harmful surprise. However, in a prosecution for any criminal homicide, an appropriate photograph of the victim while alive shall be admissible evidence when offered by the district attorney to show the general appearance and condition of the victim while alive.
Amendment history: Added by Laws 1978, c. 285, § 403, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 30, eff. Nov. 1, 2002; Laws 2003, c. 3, § 15, emerg. eff. March 19, 2003. NOTE: Laws 2002, c. 128, § 1 repealed by Laws 2003, c. 3, § 16, emerg. eff. March 19, 2003.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
A judge can keep evidence out of a trial even if it's relevant, as long as the reasons for leaving it out are strong enough. This happens when the evidence might unfairly sway the jury's emotions, confuse the issues in the case, mislead the jury, waste time, repeat something already shown, or blindside the other side with an unfair surprise. The judge has to weigh how helpful the evidence is against these risks before deciding to exclude it.
There's one specific exception written into this rule. In murder or homicide cases, prosecutors are allowed to show the jury a photo of the victim from when they were alive. This helps the jury see the victim as a real person, not just someone connected to the crime. Even though this type of photo could be seen as emotional or prejudicial under the general rule, the law specifically allows it in these cases.
For anyone involved in a court case, this rule means not all true or relevant information automatically makes it into evidence. Judges have the power to filter out things that could unfairly hurt one side, take too much time, or confuse the jury, protecting the fairness of the trial process.
