California, United States of America
The following excerpt is from Corona v. City of Riverside, D075558 (Cal. App. 2019):
In order to be admissible as demonstrative evidence, "[an] animation must accurately depict an expert opinion, the expert opinion must fairly represent the evidence, the trial court must provide a proper limiting instruction, and the animation must be otherwise admissible under Evidence Code section 352." (People v. Caro (2019) 7 Cal.5th 463, 509.) Corona has not shown the court abused its discretion by excluding the animations under section 352. He points out that the consultant could have authenticated the animations and that his expert believed they accurately represented his opinions. But these points do not address the court's concern that the animation would be confusing to the jury under section 352, especially given the omitted elements.
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