---
title: "List the dangers that can outweigh probative value under Rule 403"
url: "https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/list-the-dangers-weighed-before-evidence-is-refused-admission/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A44-FL20261022-19-US"
practice_area: "Incoming evidence — deepfakes & synthetic documents"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List the dangers that can outweigh probative value under Rule 403

> 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.…

Canonical page: https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/list-the-dangers-weighed-before-evidence-is-refused-admission/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Incoming evidence — deepfakes & synthetic documents](https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [List the dangers weighed before evidence is refused admission](https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/list-the-dangers-weighed-before-evidence-is-refused-admission.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Rule 403 is a balance, and the word is substantially outweighed. Do not treat any one danger as an automatic exclusion.
- Unfair surprise is not one of the listed dangers.

## Sources

- [Federal Rule of Evidence 403](https://www.law.cornell.edu/rules/fre/rule_403) (checked 2026-10-22)
- [Federal Rule of Evidence 401](https://www.law.cornell.edu/rules/fre/rule_401) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*