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These photographs should be taken from straight above or straight on at right angles, eliminating potential distance distortions. Each piece of evidence should be photographed with a scale to indicate size and without a scale.
There are several questions you can ask a witness about an object, but a basic framework for the introduction of a photo follows: Witness, can you please look at what has been marked as Exhibit 1? Do you recognize what this is? Can you tell the court what this is?
Admissibility of Photographic Evidence: For a photograph to be admissible in court, it must be relevant to the case and must not be prejudicial or misleading. It should fairly and accurately represent the scene or object it depicts, without any alterations or manipulations that could distort its authenticity.
Objection Tactics The following are some of the most common objections to photo and video evidence: Undue Prejudice: An attorney can argue that the photo or video evidence is not a reasonable representation of its subject and may result in undue prejudice.
Another way of authenticating a photograph is by simply asking the following: ?Does Exhibit ?1? truly and accurately represent the [person, place, subject, scene, product, image, area] as it appeared at [relevant time, date]?? Once the witness answers ?yes,? the photograph has been authenticated and should be admitted ...
1. Ask the court clerk to mark the printed photo with an exhibit number (the clerk will know how to do this). 2. Show it to the other party (or his or her attorney) and show it to the judge.
In a jury trial, however, the jury determines the following issues: ?i) An asserted writing, recording, or photograph ever existed; ii) Another writing, recording, or photograph produced at trial is the original; or iii) Other evidence of content correctly reflects the content.? See Federal Rules of Evidence, Rule 1008 ...