|1. In order to admit a simulation into evidence, the proponent need only
demonstrate its relevance.
2. In order to admit a simulation into evidence, the
proponent must show it was conducted under "identical conditions as those of the
3. A computer-generated simulation must take into account relevant, undisputed facts.
4. If evidence is outweighed by the probability of undue consumption of time and
substantial danger of confusing or misleading the jury, it will not be admitted.
5. Computer-generated simulations may be excluded with less of a showing of prejudice
than might be required of other evidence, because of the power of such evidence to
influence the trier of fact.
6. A simulation should adhere closely and relatively objectively to the conceded facts
and the facts which the evidence will support.
7. It is best to advise the court of a plan to make use of a simulation at trial no
later than: (a) the filing of an answer; (b) the final status conference; or (c) the first
day of trial.
8. A simulation must be an entirely accurate representation of testimony in the case.
9. A simulation may consist of some speculation if there is expert testimony supporting
10. A proponent of a simulation may depict any element argumentatively, as long as that
is pointed out to the jury.
11. Normally, Evid. Code §352 requires the court to engage in a balancing test.
12. Computer simulations have an aura of credibility that may subject such evidence to
rigorous scrutiny by the court under Evid. Code §352.
13. In Anello v. Southern Pacific Co., 174 Cal.App.2d 317 (1959), the Court of Appeal
upheld the decision of the trial court to exclude certain photographs of a train.
14. Counsel should rely on his or her experts, who will be preparing the simulation, to
know what limits will apply to the use of the simulation.
15. Computer imaging allows a party to recreate a scene which no longer exists.
16. There is less chance of a computer simulation incorporating erroneous assumptions
than a videotaped reconstruction.
17. Computer-generated simulations do not yet have a legitimate place in the courtroom.
18. "High tech" evidence such as computer-generated simulations are not
subject to the usual rules of evidence.
19. The counsel's error in Anello v. Southern Pacific Co. 174 Cal.App.2d 317 (1959) was
in adding details or enhancements to the train engine depiction that did not exist, rather
than in attempting to depict the train engine's action.
20. Normally, the court need not indicate any reasons on the record why the prejudicial
impact of excluded evidence substantially outweighs its probative value.
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