Ohio R. Evid. 403

As amended through March 13, 2024

Rule 403 - Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Undue Delay

(A) Exclusion mandatory. Although relevant, evidence is not admissible if its probative value is substantially outweighed by the danger of unfair prejudice, of confusion of the issues, or of misleading the jury.

(B) Exclusion discretionary. Although relevant, evidence may be excluded if its probative value is substantially outweighed by considerations of undue delay, or needless presentation of cumulative evidence.

Ohio. R. Evid. 403

Effective:7/1/1980; amended effective 7/1/1996.

Staff Note (July 1, 1996 Amendment)

Rule 403 Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Undue Delay

The amendment modifies the title of the rule to reflect its content. As originally adopted, Evid. R. 403 varied from its federal counterpart by excluding "waste of time" as a separate or independent ground for excluding otherwise relevant and admissible evidence. The title of the Ohio rule, however, was not modified to reflect this difference between the Ohio and federal texts. The amendment substitutes "undue delay" in place of the original title's reference to "waste of time" as a ground of exclusion, so that the title will more accurately reflect the content of the Ohio text. The amendment is intended only as a technical correction; no substantive change is intended.