Rule 403 — Excluding relevant evidence for prejudice, confusion, waste of time, or other reasons

Section IV · Relevancy and Its Limits

Rule 403. Excluding relevant evidence for prejudice, confusion, waste of time, or other reasons

2024 Manual for Courts-Martial, United States

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The military judge may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the members, undue delay, wasting time, or needlessly presenting cumulative evidence.

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Provisions elsewhere in the Manual whose text cites Rule 403. Each link opens the citing provision.

Military Rules of Evidence

Mil. R. Evid. 412(c)(3) — Sex offense cases: The victim's sexual behavior or predisposition

…may be examined or cross-examined. Any evidence introduced under this rule is subject to challenge under Mil. R. Evid. 403.

Mil. R. Evid. 609(a)(1)(A) — Impeachment by evidence of a criminal conviction or finding of guilty by summary court-martial

must be admitted, subject to Mil. R. Evid. 403, in a court-martial in which the witness is not the accused; and

Discussion under Mil. R. Evid. 1006 — Summaries to prove content

…to the underlying documents. A summary admissible under Rule 1006 must also pass the balancing test of Rule 403. For example, if the summary does not accurately reflect the underlying voluminous evidence, or if it is…