Nebraska Revised Statutes

Neb. Rev. Stat. § 27-403 (2026)

Rule 403. Exclusion of relevant evidence; reasons

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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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.

Notes of Decisions
Cited in 406 cases (74 in the last 5 years), 1976–2026 · leading case: State v. Stubbendieck, 924 N.W.2d 711 (Neb. 2019).
State v. Stubbendieck, 924 N.W.2d 711 (Neb. 2019). · cites it 13× “While Stubbendieck does not explicitly point to Neb. Rev. Stat. § 27-403 (Reissue 2016), he does claim that Elieff's testimony was "highly prejudicial," 7 and further indicates that he fears the testimony resulted in a "danger of unfair prejudice," 8 which leads us to review…”
State v. Oldson, 884 N.W.2d 10 (Neb. 2016). · cites it 8× “403, Neb. Rev. Stat. § 27-403 (Reissue 2008), includ- ing other acts evidence.”
State v. Rocha, 890 N.W.2d 178 (Neb. 2017). · cites it 6× “403, Neb. Rev. Stat. § 27-403 (Reissue 2016), even evidence that is relevant is not admissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by con- siderations of undue delay, waste of…”
State v. Grant, 876 N.W.2d 639 (Neb. 2016). · cites it 6× “- 165 - Nebraska A dvance Sheets 293 Nebraska R eports STATE v.”
State v. Boswell, 5 N.W.3d 747 (Neb. 2024). · cites it 22× “§ 27-403 (Reissue 2016), because most, if not all, of the evidence a party offers is calculated to be prejudicial to the opposing party; it is only the evidence which has a tendency to suggest a decision on an improper basis that is considered unfairly prejudicial under § 27-403.”
State v. Lierman, 940 N.W.2d 529 (Neb. 2020). · cites it 8× “, State v. Bigelow, 303 Neb. 729 , 931 N.W.2d 842 (2019).”
State v. Thomas, 932 N.W.2d 713 (Neb. 2019). · cites it 6× “403, Neb. Rev. Stat. § 27-403 (Reissue 2016), if its probative value is substantially outweighed by the danger of unfair prejudice.”
State v. Faust, 660 N.W.2d 844 (Neb. 2003). · cites it 12× “PRINCIPLES OF LAW The ability of the State and the accused to present evidence of a character trait and the manner in which that evidence may be presented is addressed by Neb. Rev.Stat. § 27-403 (Reissue 1995) and §§ 27-404 and 27-405.”
State v. Hernandez, 911 N.W.2d 524 (Neb. 2018). · cites it 4× “403, Neb. Rev. Stat. § 27-403 (Reissue 2016), unfair prejudice means an undue tendency to suggest a decision based on an improper basis.”
State v. Valverde, 835 N.W.2d 732 (Neb. 2013). · cites it 9× “Valverde’s counsel argued that under Neb. Rev. Stat. § 27-403 (Reissue 2008), the probative value of the evidence of the prior sexual assault did not outweigh the danger of prejudice.”
State v. Chauncey, 890 N.W.2d 453 (Neb. 2017). · cites it 4× “403, Neb. Rev. Stat. § 27-403 (Reissue 2016), relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice.”
State v. Sierra, 939 N.W.2d 808 (Neb. 2020). · cites it 7× “38 When the State is prosecuting an individual for conspiracy to commit burglary, items found in the possession of a cocon- spirator are undoubtedly relevant to the crime charged.”
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