Commercial Litigation and Arbitration

Computer-Generated Animation Offered to Depict Witnesses’ Memories Must be Authenticated as Accurate by Those Witnesses

From State v. Denton, 768 N.W.2d 250 (Wis. Ct. App. 2009):

Contrary to the State’s assertions, the computer-generated animation was not simply a demonstrative exhibit-like a rough drawing on a chalkboard-used to illustrate a testifying lay witness's testimony.... Rather, as Ambach testified at trial, it was intended to depict the State's three key witnesses’ "memories" and show "what people did." ... Demonstrative computer-generated animation should be introduced in conjunction with the witness's testimony it seeks to clarify-just as any diagram or photo intended to clarify a lay witness's testimony would be introduced.

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