Paralegal Certification PrepLitigationMedium
A paralegal is assisting an attorney with a civil lawsuit involving a car accident. The attorney wants to introduce photographs of the accident scene taken by a bystander shortly after the event. For these photographs to be admissible as evidence, the attorney must lay a proper foundation. Which of the following is generally NOT required to lay a foundation for the admission of photographs?
- ATestimony that the photograph accurately depicts the scene.
- BProof that the photograph is not misleading or unfairly prejudicial.
- CTestimony that the photograph is relevant to the case.
- DIdentification of the person who took the photograph.
Show answer & explanationAnswer & explanation
Correct answer: D. Identification of the person who took the photograph.
To lay a foundation for photographs, a witness with knowledge must testify that the photograph is a fair and accurate representation of the scene at the relevant time. The identity of the photographer or the method of taking the photograph is generally not required, as long as a witness can verify its accuracy. Relevance and lack of undue prejudice are also general requirements for all evidence.
Why the other options are wrong
- A. Accuracy is a fundamental requirement for photographic evidence.
- B. Evidence can be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion, etc. (FRE 403).
- C. All evidence must be relevant to be admissible.
Photographic Evidence Foundation
The legal requirements to establish the authenticity and admissibility of a photograph in court.
- Witness must testify photo is a fair and accurate representation
- Witness does not need to be the photographer
- Relevance and lack of undue prejudice are also required
Memory trick: For photos, 'Accurate View' is key, not who pressed the button.