Kentucky Motion to Preclude Admission of Gruesome and Highly Prejudicial Color Photographs of Deceased
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How to fill out Motion To Preclude Admission Of Gruesome And Highly Prejudicial Color Photographs Of Deceased?
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FAQ
Photographs are documents and like other documentary records they are a physical trace of an actual event. However, as with all documentary evidence, their meaning is not fixed. Other examples of documents used by the social sciences can demonstrate this point.
Basically, if evidence is to be admitted at court, it must be relevant, material, and competent. To be considered relevant, it must have some reasonable tendency to help prove or disprove some fact. It need not make the fact certain, but at least it must tend to increase or decrease the likelihood of some fact.
Real evidence is material, tangible evidence such as an object, a tape recording, a computer printout or a photograph. It is evidence that the court can examine for itself.
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 order for photo and video evidence to be admissible in court it must meet two basic requirements: relevance and authenticity. In order for evidence to be relevant it must have probative value. In other words, it must either support or undermine the truth of any point at issue in the legal proceedings.
Photographs may also serve as historical evidence (for example, about the Civil War). And they serve in informal contexts as evidence about all sorts of things, such as what we and our loved ones looked like in the past. Photographs are not, of course, the only sorts of pictures that can furnish evidence.
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.