Demonstrative Evidence

• Library: Objections Guidebook (2022 Ed.)

Demonstrative Evidence

Form of Objection

· Irrelevant

· Insufficient foundation (as to accuracy of representation, or as to capacity to aid jury)

· Unduly prejudicial

· Not subject to adequate control (for a demonstration or view)

· Not timely disclosed to the court and the other attorney

General Rules

· Demonstrative evidence, items, or objects that played no actual role in an occurrence but are offered to illustrate a point relevant to an issue at trial are generally admissible. See State v. King, 626 S.W.3d 828, 841–42 (Mo. App. E.D. 2021) (foundation for admission of the video was sufficient in a bench-tried case when there was sufficient testimony to establish “its accurate representation of the place, person, or subject it purports to portray”); State v. Hunter, 626 S.W.3d 867, 880–81 (Mo. App. E.D. 2021) (video was not demonstrative evidence—alleged error of improper foundation and lack of chain of custody was rejected).

· Photographs...