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

In Michigan, the standard of review for a trial court’s decision to admit or exclude evidence is abuse of discretion. This means that the appellate court will review the trial court’s decision to see if it was unreasonable or arbitrary. An appellate court typically won’t overturn a trial court’s decision unless there was a clear error in judgment. This means that the evidence presented in the trial court was obviously incorrect or misconstrued. If the appellate court determines that there was an abuse of discretion, it can reverse the trial court’s decision. This means that it will be as if the trial court never made the decision to admit or exclude the evidence in the first place. The appellate court may also remand the case, which means that it will send the case back to the trial court with instructions to reconsider the decision. In order for the trial court’s decision to be overturned, the appellate court must determine that the decision was clearly erroneous. This means that the decision was so obviously wrong that no reasonable person could have come to the same conclusion. If the decision was not clearly erroneous, then the trial court’s decision to admit or exclude evidence will generally be upheld.

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