§ 27.08 KEY POINTS

• Jurisdiction: United States

§ 27.08. KEY POINTS

Photographs

"Pictorial communication" theory. A foundation for the admissibility of a photograph is laid by establishing that the photograph is an "accurate and faithful representation" of the scene or object depicted. The photographer is not required. Anyone who has firsthand knowledge of the scene or object may lay the foundation.

"Silent witness" theory. The process that produced a photograph may be used to authenticate it. This theory is consistent with Rule 901(b)(9), which recognizes the authentication of a result produced by an accurate process. X-rays, surveillance tapes, and ATM photographs have been authenticated in this way.

Videotapes. Like photographs, videotapes are authenticated by a showing that they accurately depict the scene which they purport to portray. What are known as "day-in-the-life" tapes are offered to show the daily struggles of an injured party, typically offered on the issue of damages. Rule 403 applies.

Computer Animations

An animation is merely a moving series of drawings. Some computer-generated animations fall into this category. Here, the fair-and-adequate portrayal requirement applies. Rule 403 is also implicated. There is a difference between computer-generated animations used as illustrative evidence and those used as recreations of the event at issue. A higher burden is typically required for the admissibility of recreations.

Computer Simulations

Computer simulations differ from animations. They are a type of scientific evidence and thus require a more elaborate foundation to establish reliability. In simulations, mathematical models are used to predict and reconstruct an event for the trier of fact.

Voice Identification

Rule 901(b)(5) provides...