Common Objections to Legal Animations and How to Defuse Them

It is hard to imagine making your way through any trial without raising at least one objection.

Most objections are focused on an attorney’s line of questioning. However, there can also be objections raised about introducing particular types of evidence. That is especially true when it comes to courtroom animations.

The courtroom animations prepared by the experienced team at Advocacy Digital Media are created to support your clients and the testimony of your witnesses. These animations can be vital pieces of evidence, generating powerful images that the jury will carry into their deliberations. Of course, they will also raise objections from the other side.

Those objections stem from a desire to undermine the evidence or have it dismissed altogether. It’s just proof of how effective they can be.

As you build your case strategy, anticipate common objections and be prepared to defuse them one by one. Consider the following objection scenarios:

How Can You Overcome a “Lacks Foundation” Objection?

A claim that a particular piece of evidence lacks foundation is at the top of the common objections against courtroom animations. A courtroom animation will always be in support of a witness’s testimony. Whether that is an expert or an eyewitness, the animation will be a reflection of that person’s testimony.

Your defense is to have your witness testify to the veracity of the animation. If their testimony is allowed, the animation is admissible as well.

Unduly Prejudicial

Plaintiffs and defense attorneys are highly protective of the jury. They want those juries to remain objective. When an objection is raised about evidence being unduly prejudicial, you can argue that your courtroom animation is not intended to generate jury bias but to clarify complex concepts that are sometimes hard to put into words.

Working with experienced graphic artists will help ensure your animations aren’t overly dramatic or sensational.

Misleading or Inaccurate

Your courtroom animation should be based on verifiable dates to avoid objections that it is misleading or inaccurate. If that animation is built using already admissible evidence, such as police reports, expert findings, or concurrent witness testimony, it can’t be inaccurate, or else everything is inaccurate.

When Can Animation be Confused for Simulation?

When submitting your courtroom animation into evidence, you need to clarify to the court and opposing counsel that the animation is demonstrative and is being used to illustrate an expert’s testimony. It is not a scientific simulation that draws its own conclusions.

For instance, if your eyewitness describes a make and model of a car involved in an accident they witnessed, your courtroom animation can show what the car looked like.

Cumulative Evidence

A cumulative evidence objection is similar to an “asked and answered” objection. It could be argued that your courtroom animation is “repeating” evidence entered in as witness testimony. The counter to that argument is that courtroom animations are not needless repetition but a supplement and a more effective way to communicate with the jury.

Late Disclosure

Television courtroom dramas thrive on the “last-minute” discovery of evidence or a witness.

However, late disclosure of evidence can be a legitimate cause for an objection. While the judge might not rule against admitting the animation, they might allow a continuance to allow opposing counsel to examine the animation and come up with their counterarguments. That can slow down the momentum you’ve created by presenting your case.

The best approach is to get your animation into the opposing counsel as soon as possible.  You don’t need to surprise them when the facts are on your side.

Where Can You Utilize Courtroom Animations?

The courtroom animations prepared by Advocacy Digital Media can be utilized in a variety of cases, including the following:

• Personal injury
• Slip and fall
• Car accidents
• Truck accidents
• Medical malpractice
• Traumatic brain Injury
• Product liability

The sooner you line up your courtroom animations in advance of your trial date, the more confident you’ll be to knock down any objection.

Call Advocacy Digital Media today to discuss your needs.