Irish v. Gimbel, 69` A.2d 664, 1997 ME 50 (Me. 1997)
"The court in its discretion may condition, restrict or exclude the use of any illustrative aid to avoid the risk of unfair prejudice, surprise, confusion or waste of time." M.R.Evid. 616(b). The exercise of discretion pursuant to Rule 616(b) "is similar to the discretion exercised by the court under Rule 403 in dealing with objects which are admissible in evidence." Advisory committee's note, Field & Murray, Maine Evidence, 6-103 (3d ed. 1992 & Issue 1 1993). The display of the poster, throughout the trial and over plaintiffs' objection, had no illustrative value and resulted in an unfair level of prejudice, particularly when the court did not allow the jury any other information about the panel proceeding. Consequently, the court abused its discretion in permitting the use of the poster as an illustrative aid.
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