Section 8.4 Fundamentals of Admissibility

• Library: Sources of Proof (2014 Ed.)

D. (§8.4) Fundamentals of Admissibility

Passing consideration is given here to some of the more frequently encountered evidentiary rulings that may come into play respecting the use of documentary and demonstrative exhibits. As a general proposition, any exhibit must possess probative value on a relevant issue being litigated. Fravel v. Burlington N. R.R., 671 S.W.2d 339, 343 (Mo. App. E.D. 1984); FED. R. EVID. 401.

The proffer of objects as real evidence must be predicated on reasonable identification that they are, in fact, the objects in question and that they are in substantially the same condition as at the time of the event in question. This commonly entails testimony tracing the chain of custody with sufficient completeness to render it improbable that the original item has either been exchanged with another or has been contaminated or tampered with. See:

• Scheble v. Mo. Clean Water Comm’n, 734 S.W.2d 541 (Mo. App. E.D. 1987) (water samples)

• Storm v. Ford Motor Co., 526 S.W.2d 875 (Mo. App. W.D. 1975) (automobile parts)

• Boyer v. Empiregas, Inc. of Chillicothe, 734 S.W.2d 828 (Mo. App. W.D. 1987) (articles of clothing)

• McCutcheon v. Cape Mobile Home Mart, Inc., 796 S.W.2d 901 (Mo. App. E.D. 1990) (photographs that, although taken

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