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

In South Carolina, the standard of review on a trial court’s decisions to admit or exclude evidence is an abuse of discretion. This means that appellate courts will not re-evaluate the trial court’s ruling unless there was a clear error in the decision. If the trial court had the opportunity to exercise their discretion and made a decision that no reasonable person would make, then it’s possible that the appellate court will overturn the decision and find an abuse of discretion. The appellate court will not generally second guess the trial court’s decision and will usually defer to the trial court’s judgment. The appellate court will not generally consider new evidence that was not presented during the trial court proceedings, and will instead focus on the trial court’s decision and the actual record from the trial court. In general, the appellate court will look closely at the trial court’s decision and ensure that it is both reasonable and impartial. The appellate court will also consider if the evidence presented was relevant to the case, if the evidence would have been helpful to the trier-of-fact and if the trial court’s decision was based on clear evidence and the applicable law. If any of these items are missing, the appellate court may find an abuse of discretion and reverse the decision of the trial court.

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