Animated Electronic Exhibits:
Admissibility Issues
(continued)

2. Foundations for Admitting Computer Animated Exhibits as Demonstrative Evidence
   1. The animated exhibit must:
      1. Relate to some other evidence in the case
      2. Fairly and accurately reflect other evidence
      3. Be sufficiently illustrative or explanatory to be of potential help to the trier of fact
   2. Questions that need answers; potential objections
      1. Does the animation result in unfair prejudice unduly arouse emotional responses, thereby outweighing its probative value?
      2. Does the animation confuse case issues or mislead the jury? Are the actual circumstances (of the accident) different from what the animation illustrates?
      3. Is the animation inaccurate or incomplete?
      4. Does the animation cause undue delay? Is it a waste of time or needless presentation of cumulative evidence?
      5. Is the animation or parts of it relevant? If it isn't, it is not admissible.
      6. Was opposing counsel provided with adequate opportunity to review the animated exhibit so as to properly cross examine the testifying expert witness?
   3. Questions for Simulations Before Trial
      1. Is the scientific theory underlying the computer program used to generate the animated evidence valid?
      2. Is the application of that theory generally accepted by the proper scientific community?
      3. Does the methodology produce accurate and valid data?

Animations prove nothing; animation is a series of illustrations. It is the facts that are the basis for your animation which actually prove or disprove what is being questioned. Animation will help you control how jurors interpret information by keeping them focused on key issues. That makes a lasting impression on jurors which they will remember throughout the trial.