This is, as opposed to, real evidence, testimony, or other forms of evidence used at trial. ... Methods of Authenticating Documents/Evidence. Authentication of demonstrative evidence does not have to be done by the person who created the piece of evidence—it can be done by any qualified witness who is explaining the significance of the evidence. What types of evidence must be authenticated? through experts. Pa.R.E. OPPOSING THE OFFER •Does the exhibit hurt your case •Is the objection curable •Will objecting make it worse •Will it appear to the jury that you are hiding Prior to the use of the visual aid, the witness will offer foundational testimony as to the representative accuracy and illustrative value of the visual aid. ... Demonstrative evidence illustrate or demonstrate the witness' testimony. Charts, drawings, maps xxxxxx drawings: xxxxxx is … different types of specific demonstrative evidence. Demonstrative evidence, including such items as a model, map, drawing, chart, photograph, computer animation, tangible item, or demonstration is distinguished from real evidence in that it has no probative value itself, but serves merely as a visual aid to the jury in comprehending the verbal testimony of a witness or other evidence. Jurors expect it and All evidence is subject to it being admissible. How are they different? Demonstrative evidence illustrates the witness’s testimony. It is useful for assisting a finder of fact (fact-finder) in establishing context among the facts presented in a case. In criminal cases certain kinds of demonstrative evidence are subject to mandatory disclosure under the case law governing discovery. Categories of Evidence Demonstrative Evidence Evidence that shows what something looks like (a neighborhood) or how something was done (an assault, a sobriety test). Other examples of demonstrative evidence include case specific medical exhibits, colorized diagnostic films, general anatomy and surgery exhibits. Generally, authentication can be shown in one of two ways. What can demonstrative evidence be used to show? Color can be applied to elements of the original patent drawings and the same colors on similar elements of an opposing images to highlight likeness. Explain. The processes for authenticating both real evidence and demonstrative evidence are different because demonstrative evidence … Documentary Evidence Paper documents, Phone records, Medical Records, Employment records. A non-expert witness can give an opinion as to the genuineness of the handwriting in a document, based on the witness's familiarity with the handwriting of the person who is purported to have written/signed the document. b. Self-Authenticating – Certified copies of public records are self-authenticating. The common law approach to authentication of documents has been criticized as an “attitude of agnosticism,” McCormick, Cases on Evidence 388, n. 4 (3rd ed. •The Rules of Evidence do not apply to ... •Demonstrative exhibits and illustrative aids can make the complex simple . Everyday/Evidence is a nonprofit legal resource. Explain. Instead, demonstrative evidence is an object that serves as, literally, a "demonstration." 1992). When used purely as demonstrative evidence, legal issues regarding authentication and chain of custody are somewhat relaxed so long as a competent witness can testify that the … Explain why. The processes for authenticating both real evidence and demonstrative evidence are similar, because all evidence admissible in court must be relevant, material, and competent. 1988). What can demonstrative evidence be used to show? An act is an instrument that records a fact or something that has been said, done, or agreed. Primarily in civil proceedings the time and uncertainty incident to authenticating documents and items of real or demonstrative evidence at trial may often be avoided by the use of procedures available before trial. Here are a few ways: A patent drawing can be made visually transparent and overplayed onto an opposing image to show likeness or differences. Demonstrative evidence is an effective aid in infringement litigation. Laying of a foundation explains how the demonstrative evidence relates to the facts of the case and establishes the evidence's authenticity. lay a threshold foundation, as a prerequisite to admissibility, sufficient to show that the evidence is what it is represented to be. Pictorial evidence- photographs and recordings must be authenticated through witness testimony. 60,000+ verified professors are uploading resources on Course Hero. Thoroughly explain the process of authenticating both real evidence and demonstrative evidence. R. Ev. Original patent drawings can be used as a basis to create complex 3D animations. No different than any other evidence, the proper foundation needs to be laid to admit a photograph into evidence. Operation, technical procedures, incompatibilities between inventions and moving parts of an invention can be clearly presented. LAURA A. CARLSEN is an attorney and owner of Carlsen Law Offices, PLLC, where her practice emphasizes a wide range of family law matters including divorce, child custody, military family law, relocations, child support and parenting plan modifications, domestic violence, and family law appeals.Ms. Types of Demonstrative Evidence. This type of evidence is also called physical evidence or material evidence. A process flow chart from a utility patent application can be used alongside a flow chart of the opposing party with an insert between the two to indicate differences or similarities in process. A front view from the application can be placed alongside a front view of the opposing invention with additions outlined in color to emphasize differences. The short article focuses on demonstrative evidence which includes photographs, diagrams, models, videotapes and DVDs. We hear more than three million cases a year involving almost every type of endeavor. There are many ways to convert patent drawings into effective litigation graphics. When used purely as demonstrative evidence, legal issues regarding authentication and chain of custody are somewhat relaxed so long as a competent witness can testify that the photograph fairly and accurately depicts the scene about which he or she is testifying. Acts generally take the form of legal instruments of writing that have probative value and executory force. Under Evidence Rule 901 and its state analogues, photographs are typically admitted as demonstrative evidence to illustrate testimony. Explain why. They are, both deemed relevant. Demonstrative Evidence 1. How do I get this photograph into evidence? After the evidence is marked for identification, the proponent of the demonstrative evidence must lay a foundation. How is authentication related to relevance? Demonstrative evidence with dramatic impact can maximize the value of a case by effectively depicting catastrophic/traumatic injuries, complex surgical procedures, surgical mistakes or summarize injuries suffered by an individual. “There are two methods of authenticating photographic evidence.” The first is the “pictorial testimony” method, which requires a witness with personal knowledge to testify that the image fairly and accurately depicts a scene. Explain. I want to show the witness a relevant photograph, but the witness did not take the photograph. IP Litigation: What Place for Patent Drawings? Demonstrative evidence is admissible when it can fairly and accurately reflect the testimony and is otherwise deemed unobjectionable—it is authenticated by the witness whose testimony is being illuminated. Demonstrative evidence use, as part of effective case presentation, not only takes into consideration the individual items of demonstrative evidence but also how each exhibit fits into the whole of the trial and how it will effect the jurors during the trial. Specifically, how can the following be authenticated? relevant and admissible. The photos present the area where a crime took place or the accused in action of committing the crime. ?What types of evidence must be authenticated? 5. In many patent lawsuits filed, a substantial amount is spent on demonstrative evidence. Demonstrative evidence includes models, medical devices, diagrams, photographs, sketches, and objects at issue, as well as a variety of other items. Examples of demonstrative evidence include photos, x-rays, videotapes, movies, sound recordings, diagrams, forensic animation, maps, drawings, graphs, animation, simulations, and models. How is authentication related to relevance? The identification and authentication requirements in this rule are an integral part of logical relevancy. The parties (and their attorneys) can agree beforehand ("stipulate") on the authenticity of a document, or the propriety of introducing demonstrative evidence. E.g., State v. Categories of Evidence Demonstrative Evidence ... not believe the authenticating witness’ testimony, or even believe that the admitted evidence is actually what it the witness says it is. The requirement of authentication applies to all types of evidence, including writings, sound recordings, electronically stored information, real evidence such as a weapon used in the commission of a crime, demonstrative evidence such as a photograph depicting an accident scene, and the like. Under Evidence Rule 901 and its state analogues, photographs are typically admitted as demonstrative evidence to illustrate testimony. Assignment Guidelines Address the following in 900–1,200 words: Identify and describe 8–10 different types of specific demonstrative evidence. Authenticating Evidence. Demonstrative evidence. degree in both sociology and political science from the University … The types of demonstrative evidence and the ways in which it can be used are so varied that any detailed rules are impractical. This can also be presented as an attorney or witness demo. Tex. Explain why. 1956), as one which “departs sharply from men's customs in ordinary affairs,” and as presenting only a slight obstacle to the introduction of forgeries in comparison to the time and expense devoted to proving genuine writings which correctly … Relevancy Photographs are among the most readily available and common types of demonstrative evidence. See the following link for WIPO article “What Place for Patent Drawings” The requirement of authentication applies to all types of evidence, including writings, sound recordings, electronically stored information, real evidence such as a weapon used in the commission of a crime, demonstrative evidence such as a photograph depicting an accident scene, and the like. What can demonstrative evidence be used to show? At this point the proponent of the demonstrative evidence can either try to get the evidence admitted into the official record of the case or can choose to use the evidence as merely a prop. See Brady v. Maryland. Foundational Issues Relevancy aside, any photograph, whether gruesome or not, must be properly authenticated before... 3. Photographs make good evidence as they illustrate what a witness is testifying about or conveying.. E.g., State v. The processes for authenticating both real evidence and demonstrative evidence are similar because all evidence admissible in court must be relevant, material, and competent. A photo or replication would be demonstrative evidence. Authentication is required for evidence like 1) writings, audio, and video recording voices heard on telephone conversation, 2) public records and 3) data compilation. Judicial Canon Four provides guidance to this mission. The Art of Demonstrative Evidence, TRIAL, May 2005, p. 46 2 The term “Demonstrative Evidence” is used throughout this paper for all kinds of evidence which is essentially non-verbal. Real evidence and demonstrative evidence can both be pictures, exhibits, and witness testimony. It is the actual object, not a photograph, model, or replica of the item. What can demonstrative evidence be used to show? Maps are admitted as points of reference however. 20 Public Documents and Records the law of evidence ip 2. First, a witness can testify as to the chain of custody through which the evidence passed from the time of the discovery up until the trial. Evidence cannot be used at trial unless it's admissible. Define authentication (Rule 901, Federal Rules of Evidence). See Nyce v. Muffley, [384 Pa. 107,] 119 A.2d 530 (Pa. 1956). How are the processes similar? How is authentication … Define authentication (Rule 901, Federal Rules of Evidence). Real evidence can be evidence in. To be admissible, a demonstrative exhibit must “fairly and accurately” represent the real object at the relevant time. Authenticating Taped Phone Conversation Victim properly authenticated a taped recording of her conversation with the defendant under SCRE 901(b)(1), (5), and (6). computer generated maps may possibly be altered. Certified copies of the print outs are self-authenticated. It is at this time that the relevancy of the demonstrative evidence is usually challenged. Laying of a foundation explains how the demonstrative evidence relates to the facts of the case and establishes the evidence's authenticity. [citation needed]. Videotapes: xxxxxx xxxxxx xxxxxx kind of proofs xxxxxx alxxxxxxs becomes xxxxxx familiar xxxxxx xxxxxxy xxxxxx... 2. ?Thoroughly explain the process of authenticating both real evidence and demonstrative evidence. Once a document has been authenticated, no formal laying of a foundation is required for admission under Rule 803(8). What can demonstrative evidence be used to show? This preview shows page 2 - 3 out of 4 pages. These examples of demonstrative evidence are used for settlement conferences, arbitration, mediation, medical expert depositions and trial presentations. practices and whether the chain of custody of the item is documented and available for review. Explain. Explain. The processes for authenticating both real evidence and demonstrative, evidence are different because demonstrative evidence is admissible as visual or aural aid that, are created for illustration and clarification of oral testimony. Demonstrative evidence such as photographs, motion pictures, diagrams and models must be authenticated by evidence sufficient to support a finding that the demonstrative evidence fairly and accurately represents that which it purports to depict. Before photographs and other demonstrative evidence, lawyers relied on purely testimonial or substantive evidence. Computer printouts- the authentication processes must fall under the grounds that the evidence is. Common Evidentiary Predicates to Authenticate Evidence 1. Once the foundation is laid, the proponent may ask to officially move the piece of evidence into the record where it is marked as a full exhibit. Pa.R.E. Furthermore, animations can indicate time, motion or speed, compare alternative theories or simplify highly complex data. Demonstrative evidence includes actual evidence (e.g., a set of bloody gloves from a murder scene) and illustrative evidence … IP Litigation: What Place for Patent Drawings? Such evidence may include maps, diagrams, photographs, models, charts, medical The branch of evidence law dealing with authentication, identification, and best evidence is encountered in almost every trial, often when an unsuspecting practitioner is met with a relevancy objection to his proffered evidence. We hear family matters, personal injury claims, commercial disputes, trust and estates issues, criminal cases, and landlord-tenant cases. There are endless ways to manipulate original patent drawings to make compelling litigation graphics, each circumstance unique based on the setting, the invention, the desired outcome and budget. Illustrations include: maps, diagrams of the initial crime scene, charts and/or graphs the injuries to the plaintiff. It is useful for assisting a finder of fact (fact-finder) in establishing context among the facts presented in a case. Spotlight on Illinois State Police Forensic Diagramming & Animation, https://en.wikipedia.org/w/index.php?title=Demonstrative_evidence&oldid=942539167, Articles needing additional references from January 2008, All articles needing additional references, Articles with unsourced statements from January 2008, Articles with unsourced statements from May 2007, Creative Commons Attribution-ShareAlike License, This page was last edited on 25 February 2020, at 08:38. I want to show the witness a relevant photograph, but the witness did not take the photograph. Injuries to the facts presented in a case [ 384 Pa. 107, ] 119 530. The plaintiff callout information on a patent drawing can clarify key elements the... 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