Ensuring that your investment in a forensic animation gets admitted into court should be a concern for attorneys. By asking the right questions and working with a qualified forensic animator, one can avoid a costly and embarrassing situation. This article sets out a number of questions that an attorney should ask about the preparation of a forensic animation.

One of the biggest concerns for lawyers when embarking on a forensic animation is whether or not they will be admitted into a court of law. There have been several cases where an animation was rejected by a court due to it being highly prejudicial or inaccurate in its display of events; however today it is quite rare to hear about an animation which has not been accepted in court. This raises the possibility that either courts have become more accepting of animations or more forensic animators are adhering to the admissibility guidelines for demonstrative evidence (or both).

Below is a set of questions that an attorney should ask about the preparation of a forensic animation. These questions should always be addressed when opting to enter a forensic animation as demonstrative evidence. Failing to adhere to one or more of these rules may not immediately mean an animation will be rejected, however it does increase the likelihood that the animation will be thrown out or the weight of evidence will be respectively applied.

1. How is the forensic animation relevant to the case?

Relevance is a key factor to getting a forensic animation entered into a court of law. There should be a clear objective for the animation as it can help to drive home a key point or demonstrate the timing of an event that could otherwise be difficult to do in words alone. Often, it is important to get a witness to testify that the animation is a good representation of what occurred or in the case of an expert witness, that the animation can better communicate the written testimony/report of the expert witness.

2. Who actually prepared the forensic animation? Is the evidence produced from a reliable source?

A forensic animation may be prepared by one person or several persons in a company. In every case, it is imperative to understand the qualifications of those who actually created the animation. Today, it is still very common to have a dedicated forensic animator who may or may not work in direct contact with the expert witness. In each case, the role of the expert witness in preparing and reviewing the animation should be confirmed in order to establish authenticity.

As more forensic animations make their way into the courtroom, it may cause some to take liberties with the admissibility guidelines. In fact, the pendulum seems to have swung the other way and there have been a variety of animations that often push the limits of these guidelines. Each case has its own set of conditions and there may be cases where the guidelines are bent. Nonetheless, a strong case also needs strong evidence that adheres to some of the fundamental principles of demonstrative evidence.

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