Admissibility
Animations are demonstrative or illustrative evidence, not substantive
Demonstrative evidence is "any form of secondary proof that explains testimonial, documentary, or concrete evidence."
Robert D. Brain & Daniel J. Broderick, Demonstrative Evidence: the Next Generation, 17 Litigation 21 (Summer 1991)."...the test [of illustrative evidence] is whether the testimonial aid will likely assist the jury in understanding the witnesses' testimony."
Ammam v. Hansen, C2-96-1648, 1997 Minn. App. LEXIS 494 (Minn Dt. App. April 29, 1997)Animation must be authentic
Authenticity can be established by "offering testimony from a witness familiar with the preparation of the animation and the data on which it is based."
AnimationTechLLC's supporting testimony is limited to validating the animation as an accurate depiction of opinions held by counsel's expert witness.
Animation must be relevant
An animation is relevant when it "relates to other admissible, material evidence and it will aid the trier of fact in understanding the related evidence."
Animation must be fair and accurate
"Next, the animation must be a fair and accurate representation of the evidence to which it relates. It need not be exact in every detail, but the important elements must be identical or very similar to the scene as described in other testimony and evidence..."
Animation must have probative value
"Finally, the probative value of the animation must substantially outweigh the danger of unfair prejudice, confusing the issues, or misleading the jury..."
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