What is the standard of review on a trial court’s decision to admit or exclude evidence?

In California, the standard of review on a trial court’s decision to admit or exclude evidence is de novo. This means that the appellate court will review the decision of the trial court as if it were deciding the issue for the first time. The appellate court will independently examine the evidence and any legal precedents and make its own decision, without giving any deference to the trial court’s decision. The trial court’s decisions on these issues can be overturned if the appellate court finds that the trial court made a legal error, such as misinterpreting the rules of evidence. The trial court’s findings of fact are also subject to review, but the appellate court will generally only reverse the trial court’s findings of fact if it finds that the trial court’s decision was unsupported by the evidence or contrary to the preponderance of the evidence. The standard of review for determining whether or not to admit or exclude evidence is therefore de novo, meaning that the appellate court will make its own decision without giving any deference to the trial court’s decision. It is up to the appellate court to determine if the trial court made a legal error or if its findings of fact were unsupported by the evidence.

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What is the standard of review on a trial court’s decision to admit or exclude evidence?

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