Rule 403, SCRE

in review

Rule 403, South Carolina Rules of Evidence

sha256 934d47867f48983ab690cb2abed65394… · retrieved 7/20/2026, 7:06:35 PM · South Carolina rule, loaded from the Judicial Branch's own per-rule page (sccourts.org) with the page's own amendment note retained; the April 30, 2026 amendments are integrated by the court itself. · awaiting human verification flip (text is verbatim; the flip is the review gate)

RULE 403
EXCLUSION OF RELEVANT EVIDENCE ON GROUNDS OF PREJUDICE, CONFUSION, OR WASTE OF TIME

Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

Note:

This rule is identical to the federal rule and is consistent with the law in South Carolina. State v. Alexander, 303 S.C. 377, 401 S.E.2d 146 (1991) (relevant evidence may be excluded where its probative value is substantially outweighed by the danger of unfair prejudice); State v. Hess, 279 S.C. 14, 301 S.E.2d 547 (limitation of defense testimony upheld where it was merely cumulative to other testimony), cert. denied, 464 U.S. 827, 104 S.Ct. 100, 78 L.Ed.2d 105 (1983); State v. Gregory, 198 S.C. 98, 16 S.E.2d 532 (1941) (trial judge properly limited the defendant's presentation of certain evidence to guard against confusion of the jury by the injection of collateral issues).

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