Evidence and Admissibility
Types of Evidence
Photographs require testimony that they fairly and accurately depict what they purport to show. The photographer need not testify if another witness can authenticate the depiction.
Graphic injury photographs draw Rule 403 objections.
Alternative Names:
Photographs in Evidence|Photo Evidence
Why it Matters?
Conditions at the time of photographing frequently differ from conditions at the events, and establishing that gap through the authenticating witness is the effective challenge where lighting, weather, or subsequent changes altered the scene. For graphic injury photographs, the number offered matters as much as their content, since cumulative depictions of the same injury support a stronger 403 argument than any single image.
Frequently Confused with
Related terms
Frequently asked questions
What is the effective challenge?
Does the number of photographs matter?
