North Dakota 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
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.
Now you want to lay the foundation to prove that the exhibit is authentic. 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?
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.
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.
A very important use of photographs as evidence, and probably the most common one, is the use as explanatory or illustrative evidence, and their purpose is to enable the jury to better understand the testimony of the witnesses.