What is the test for reviewing an evidentiary ruling for abuse of discretion?

MultiRegion, United States of America

The following excerpt is from United States v. Michel, No. 13-1786 (2nd Cir. 2014):

"We review evidentiary rulings for abuse of discretion." United States v. Kelley, 551 F.3d 171, 174 (2d Cir. 2009). "We will find an abuse of discretion only where the trial judge ruled in an arbitrary or irrational fashion." Id. at 175 (internal quotation marks omitted).

"[T]he trial court may actively participate and give its own impressions of the evidence or question witnesses, as an aid to the jury, so long as it does not step across the line and become an advocate for one side." United States v. Filani, 74 F.3d 378, 385 (2d Cir. 1996). "In its participation at trial a district court should ask those questions necessary for such purposes as clarifying ambiguities, correcting misstatements, or obtaining information needed to make rulings." Id. at 386 (internal

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