List the dangers that can outweigh probative value under Rule 403
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the dangers Rule 403 names, and leave the balance blank: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, and needlessly presenting cumulative evidence. Record that the court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of those. Do not weigh the evidence. Do not exclude it.
- What the lawyer must review
- The lawyer decides the balance. Federal Rule of Evidence 403 authorises exclusion only when probative value is substantially outweighed by one or more of those dangers. Rule 401 states the relevance test the evidence must already meet: any tendency to make a fact more or less probable, and the fact is of consequence. The tool does not apply either test.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.